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Mylan's Epic EpiPen Price Hike Wasn't About Greed -- It's Worse, Lawsuit Claims (arstechnica.com)

Mylan engaged in a campaign to squash a rival to its EpiPen allergy treatment and artificially inflate the price of the drug to maintain a market monopoly, French drugmaker Sanofi said in a lawsuit. From a report: With the lofty prices and near-monopoly over the market, Mylan could dangle deep discounts to drug suppliers -- with the condition that they turn their backs on Sanofi's Auvi-Q -- the lawsuit alleges. Suppliers wouldn't dare ditch EpiPens, the most popular auto-injector. And with the high prices, the rebates wouldn't put a dent in Mylan's hefty profits, Sanofi speculates. Coupled with a smear campaign and other underhanded practices, Mylan effectively pushed Sanofi out of the US epinephrine auto-injector market, Sanofi alleges. The lawsuit, filed Monday in a federal court in New Jersey, seeks damages under US Antitrust laws.

159 comments

  1. Er...so it was about greed? by xxxJonBoyxxx · · Score: 5, Insightful

    >> Mylan's Epic EpiPen Price Hike Wasn't About Greed -- It's Worse
    >> Mylan effectively pushed Sanofi out of the US epinephrine auto-injector market

    Competitor A pushes competitor B out of the market to corner the market and drive up profits, right? In other words, it's about greed, right?

    1. Re:Er...so it was about greed? by K.+S.+Kyosuke · · Score: 1

      It's MS DOS all over again, apparently.

      --
      Ezekiel 23:20
    2. Re:Er...so it was about greed? by ShanghaiBill · · Score: 5, Insightful

      In other words, it's about greed, right?

      It is also about bad laws and poor regulation. They are able to use their near-monopoly position to push their customers into exclusivity agreements, reducing competition, strengthening their market dominance, and unfairly harming consumers. In most cases, exclusivity agreements should be illegal.

    3. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      My first thought was Microsoft in general, not just MS-DOS, but yes, the actions of Mylan are very familiar.

    4. Re:Er...so it was about greed? by TWX · · Score: 1

      Competitor A pushes competitor B out of the market to corner the market and drive up profits, right? In other words, it's about greed, right?

      I'm reminded of a line from The Simpsons from Mr. Burns. It went something to the effect of, "I love my money, but I'd give it all up... for just a little bit more."

      --
      Do not look into laser with remaining eye.
    5. Re:Er...so it was about greed? by phantomfive · · Score: 3, Insightful

      Exclusivity agreements of this kind should be considered illegal by default. They are bad for society, and we've seen this in so many ways.

      It's what Microsoft was doing to keep Linux down. It's what Intel did to keep their competitors down. I heard something (on NPR I think the other day) about how syringe manufacturers used it to keep an innovative syringe design off the market, because it was a third party syringe. The hospitals wouldn't buy it, despite the fact that it was better, because of exclusivity agreements.

      I'm sure there are plenty of other examples.

      --
      "First they came for the slanderers and i said nothing."
    6. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      The Free Market at it's Finest.

      Become successfull enough and you too will have enough spare cash to crush the competition.

    7. Re: Er...so it was about greed? by Anonymous Coward · · Score: 0

      Also, "Eternal happiness for 1 dollar? I think I'd rather just have the dollar." -M. Burns

    8. Re:Er...so it was about greed? by gfxguy · · Score: 1

      It's one of those sort-of catch-22s. I am all for the free market - if it's actually free. I'd like it if businesses "played fair," but they don't, so I grudgingly accept government intervention - but only to help keep the free market free. I do feel the government intervenes too much in some ways, but not enough in others.

      --
      Stupid sexy Flanders.
    9. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      It's greed either way! Mo' money!

    10. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      No, MS DOS was Standard Oil and the Railroads all over again. This is small-time A vs B, not Megaman vs the librarian.

    11. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      Should be? How about is be?

      These things are illegal under anti-trust legislation dating back to the early 1900s. All you need is a complaint (as Sanofi is making) and a judge to rule that Sanofi's complaint is valid under the well established case law precedents.

    12. Re:Er...so it was about greed? by Bartles · · Score: 2

      Let's not forget the legislative assist from Obama that required all public schools to stock Epi-pens.

    13. Re:Er...so it was about greed? by phantomfive · · Score: 1

      Nah, the laws need updating. Companies have found ways to work around them.

      --
      "First they came for the slanderers and i said nothing."
    14. Re:Er...so it was about greed? by Bartles · · Score: 1

      What's free about the market? The entire reason epi auto injectors are scarce and expensive is because the market is not free.

    15. Re:Er...so it was about greed? by fluffernutter · · Score: 1

      The funny thing about American government is that they seem to do enough to wreck any good natural market effects for the consumer and stop there. A company should not feel entitled to any amount of money when they are in an industry such as health care, and where it so vastly betters society overall to have access to their products.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    16. Re:Er...so it was about greed? by harrkev · · Score: 4, Informative

      Don't forget that the CEO of Mylan is the daughter of a Democratic Senator.

      http://www.cnn.com/2016/08/24/...

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    17. Re:Er...so it was about greed? by fluffernutter · · Score: 0

      ...by paying lobbyists to create so much chaos that laws cannot be updated. Or maybe that's just the republicans themselves.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    18. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      I do feel the government intervenes too much in some ways, but not enough in others.

      On the bright side, our disagreement over which specific ways are too much or not enough will give us something with which to pass the long winter evenings.

    19. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      Can we just have Pepsi and Coke in the same building, please? Please?

    20. Re:Er...so it was about greed? by ShanghaiBill · · Score: 4, Informative

      Should be? How about is be?

      No. According to the FTC: "Exclusive dealing or requirements contracts between manufacturers and retailers are common and are generally lawful." The FTC also says: "Most exclusive dealing contracts are beneficial because they encourage marketing support for the manufacturer's brand.", which is, of course, total bullcrap.

      Under current law, exclusivity agreements are only illegal in very narrow circumstances, and it falls on their competitor (Sanofi in this case) to sue for relief at their own expense.

    21. Re:Er...so it was about greed? by phantomfive · · Score: 1

      Good call. Another stupid monopolistic practice that makes all of us suffer (albeit trivially in that case).

      --
      "First they came for the slanderers and i said nothing."
    22. Re: Er...so it was about greed? by Anonymous Coward · · Score: 0

      Yes, I expect Joe's Medical Devices And Fireplace Grills have a cheap epipen option available. Here, "free market" means the salesman is free to say "these are exactly like those expensive ones you get at the drug store".

    23. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      That's what I came to say.

    24. Re: Er...so it was about greed? by Shotgun · · Score: 1

      I bet you would also believe that the handbag you bought for $20 on a corner is New York is an actual Gucci, too.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    25. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      Heather Bresch (née Manchin; born circa 1969)[4] is an American business executive. In 1992 she started working as a clerk in a factory owned by Mylan, a pharmaceuticals company. In 2007 she was accused of inflating her resume by claiming an unearned MBA degree that was given to her by West Virginia University's president, Michael Garrison, a politician, a friend of her father and a former lobbyist for and consultant to Mylan. She became the Chief Executive Officer of Mylan in 2012. She was named one of Fortune Magazine's "50 Most Powerful Women In Business" in 2014. In 2016 Mylan became embroiled in controversy after having raised the price of one of its products, the EpiPen, by nearly 500 percent since 2009.[5]

      She is the daughter of Democratic U.S. Senator Joe Manchin.

    26. Re:Er...so it was about greed? by JohnFen · · Score: 2

      This is why Adam Smith himself asserted that there can be no free market in the absence of regulation.

    27. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      School Access to Emergency Epinephrine Act - Amends the Public Health Service Act, with respect to asthma-related grants for child health services, to give an additional preference to a state that allows self-administration of asthma and anaphylaxis medication and makes a certification concerning the adequacy of the state's civil liability protection law to protect trained school personnel who may administer epinephrine to a student reasonably believed to be having an anaphylactic reaction.

      Sponsor: Sen. Durbin, Richard [D-IL] (Introduced 09/12/2013)

      Nov 13, 2013 - President Obama signs into law the School Access to Emergency Epinephrine Act, which will encourage schools to plan for severe asthma ...

    28. Re:Er...so it was about greed? by Talderas · · Score: 1

      Please visit your nearest grocery store and you shall discover Pepsi and Coke in the same building. I know, scandalous.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    29. Re: Er...so it was about greed? by Anonymous Coward · · Score: 0

      I don't know. Wouldn't you rather just hump each other?

    30. Re: Er...so it was about greed? by Anonymous Coward · · Score: 0

      DOS isn't done until Lotus won't run! They got away with it then, and they have been doing it ever since.

    31. Re:Er...so it was about greed? by hawk · · Score: 1

      >It's what Microsoft was doing to keep Linux down.

      Actually, the target was DR-DOS, which was up to 10% market share before the "pay on every machine" deals did it in.

      hawk

    32. Re:Er...so it was about greed? by JesseMcDonald · · Score: 0

      To say that "there can be no free market in the absence of regulation" is equivalent to saying that there can be no free market, period. A regulated market, by definition, is not free.

      Despite all his insights, Adam Smith contradicted himself on many points, including on the subject of regulation. Fortunately, we are not bound by his mistakes. The early pioneers in any field tend to get many things wrong, and it's nothing to be ashamed of. Those who come after will naturally keep the best parts and discard the mistakes. The idea that the market requires regulation is simply one of those areas that Smith got wrong. He couldn't see how certain problems could be solved while keeping the market free. However, others who later built on his work were able to find better solutions and do away with those inconsistencies.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    33. Re: Er...so it was about greed? by Anonymous Coward · · Score: 0

      Even if I did, it's unlikely to kill me when I use it.

    34. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      Don't forget that the CEO of Mylan is the daughter of one of the oligarch families.

      FTFY.

      AC

      Ban Shredded Cheese. Make America Grate Again!

    35. Re:Er...so it was about greed? by FatdogHaiku · · Score: 2

      Should be? How about is be?

      If we're going off the grammar rails I vote for...
      do be

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    36. Re:Er...so it was about greed? by Ellis+D.+Tripp · · Score: 1

      And Manchin is a DINO, anyway. He votes with the GOP most of the time, after all.

      On the bright side, he is one of the biggest primary targets for groups like Our Revolution and Justice Democrats, who are trying to rid the Democratic party of these kinds of corporate lackeys...

      http://thehill.com/homenews/ca...

      https://www.facebook.com/Prima...

      https://www.reddit.com/r/Sande...

      https://decisiondeskhq.com/qui...

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    37. Re:Er...so it was about greed? by Pseudonym · · Score: 3, Funny

      Strangers in the night...

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    38. Re:Er...so it was about greed? by Pseudonym · · Score: 3, Insightful

      To say that "there can be no free market in the absence of regulation" is equivalent to saying that there can be no free market, period.

      For a fundamentalist definition of "free", that's accurate. There can be no free market. There is only "more free" or "less free". And even then, you're often talking about various freedoms traded off against each other.

      The real world is a balancing act which requires constant, nimble adjustment. Neither Bloated Government nor The Mythical Hand of the Market can efficiently supply this by itself.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    39. Re:Er...so it was about greed? by Dog-Cow · · Score: 1

      You can't have a totally free market with government-backed patents and other IP protections. No company which produces anything wants a free market.

    40. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      It's not about greed - it about regulation and control. I can no longer get pills from Mylan because a bunch of girls are scared of a bee sting. If you want a better product it will usually cost more. The higher the cost - more incentive to create a new delivery mechanism. As far as stripping them of their intellectual property ...

      All the information in the world will not produce a product. If you do not like mylan's delivery system then inject the damn adrenaline yourself after you have been
      stung by a bee.

      Anyone think that the cost increase is a way of correcting an overpopulated market. More epipens = more idiots hurting themselves (or others) with them. The people that need the pens will probably suffer; removing the product from the market is obscene. Mylan did not make you allergic to bee stings, peanuts, and fear injecting yourself with drugs. Mylan did not make you buy the drug. Mylan did not diagnose you. Arg...

    41. Re:Er...so it was about greed? by Anonymous Coward · · Score: 0

      vote rigging and treasonous collusion with foreign governments

      That's a lie and the rest of your bullshit opinion has thus been discarded. Shill more.

    42. Re:Er...so it was about greed? by syntotic · · Score: 1

      Nope. Sanofi is SUSPICIOUS of buying substances produced by few or single companies, then change the products containing them to stop selling substances tested to work and substitute them with lower quality substances or any other not really suitable substitute, like to stop producing some chemical and swap to herb based treatments or ubiquitous substances like dimeticone. Why? Because those substances worked! And some people rather have them not work out of.... beliefs. One such example is anti-dandruff shampoo, which HAS become much less effective since Sanofi went into it. Epi pen could be a similar case. Epinefrine is sensitive: if we want to substitute epinefrine obtained from Human corpses to GMO epinefrine, who wants corpses and who does not want them? That is unclear but surely sources must be an issue. We want the WORKING substance, not an alternate non efficient substitute even if it is less expensive to produce.

  2. Sounds the same as Intel vs AMD by Anonymous Coward · · Score: 0

    And Intel is still at the top of the heap. It's likely this behavior and it's repercussions will have little to no consequence to Mylan's overall profit.

    1. Re:Sounds the same as Intel vs AMD by Anonymous Coward · · Score: 0

      Muphry says you maybe might could should have capitalized the first word of a sentence.

  3. not holding my breath by avandesande · · Score: 5, Insightful

    Bank fiasco 2008 nobody sent to jail Drug companies and medical companies numerous antitrust and illegal anti consumer practices, nobody in jail Banks knowingly laundering drug money nobody in jail

    --
    love is just extroverted narcissism
    1. Re:not holding my breath by PoopJuggler · · Score: 5, Informative

      Steal a loaf of bread to feed starving kids, THE SLAMMER!

    2. Re:not holding my breath by Anonymous Coward · · Score: 0

      Steal a loaf of bread to feed starving kids, THE SLAMMER!

      Only when they catch me!

    3. Re:not holding my breath by Anonymous Coward · · Score: 1

      And that's the difference, the CEO's, the VP's, the Directors; they are getting caught, but they all paid enough in legal brides to have "Never Get Charged" cards in their pockets.

    4. Re:not holding my breath by Anonymous Coward · · Score: 0

      In the first case, they're taking from the unfortunates to help the better off. In the second, they're taking from the better off to help the unfortunates. One is legal, one is not. It's quite interesting.

    5. Re:not holding my breath by Anonymous Coward · · Score: 0

      they all paid enough in legal brides

      This is reasonable, after all, legal brides are the best kind.

    6. Re:not holding my breath by ArchieBunker · · Score: 1

      What if I told you that there weren't any laws broken during the banking fiasco of 2008? Yeah its shitty but that is the truth.

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
    7. Re:not holding my breath by avandesande · · Score: 1

      At least one senator begs to differ.... maybe it's just political grandstanding, maybe not.

      http://www.ibtimes.com/politic...

      --
      love is just extroverted narcissism
    8. Re:not holding my breath by hey! · · Score: 1

      It's the Golden Rule.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    9. Re:not holding my breath by sootman · · Score: 1

      Share movies online, OFF WITH HIS HEAD!

      Lameness filter, blah blah blah.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    10. Re:not holding my breath by Dread_ed · · Score: 2

      A metric ass-ton of falsified credit applications call bullshit on your claim.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  4. We really should start publicly flogging by Anonymous Coward · · Score: 0

    People at companies for doing such things... Slaps on the hands with monetary fines and promises not to do it again isn't working.

    I'd pay to actually watch some of the corporate schmucks get beaten within an inch of their life on live TV.

    1. Re:We really should start publicly flogging by JohnFen · · Score: 1

      We need to start doing what used to be done to corporations when they egregiously misbehaved: revoke the corporate charter.

    2. Re:We really should start publicly flogging by Anonymous Coward · · Score: 0

      We need to start doing what used to be done to corporations when they egregiously misbehaved: revoke the corporate charter.

      And then publicly flog those responsible.

      Hell, sell flogging ticket to people.. 3 whacks for 20.00.

  5. Damages by Anonymous Coward · · Score: 5, Interesting

    If Sanofi proves its case, the judge should permanently revoke all patents in and related to EpiPen.

    Let's see which drug manufacturer wants to be the next one to kill the golden goose after that ruling.

    1. Re:Damages by zlives · · Score: 1

      at the very least this will open up a consumer lawsuit.

    2. Re:Damages by Anonymous Coward · · Score: 0

      This isn't Canada, you know.

    3. Re:Damages by Anonymous Coward · · Score: 0

      There are numerous autoinjector technologies freely available, Mylan holds no unique patents on this century-old design and their patent is only for their specific shape, in the same way Coca Cola holds the rights to their uniquely shaped bottle but not beverages in bottles.

      The medication costs $1, the needle, $5, the plastic autoinjector andother $5, with profit the whole shebang less than $50. You can DIY one with a "prefilled" needle from your doctor if you ask them for it - cost $15 - , and an autoinjector to put that needle into from amazon for $30. This is actually superior to Mylan's epi pen as well. It's cheaper, more effective, reusable, and most of all the epi pen holds enough epi to kill a large adult and only delivers a fraction... meaning a failure can be fatal. The recalls of both epi pen and its competitor whose recall sparked the price gouging were because they didn't deliver enough medication... a DIY one delivers exactly as much as you have the needle filled with, there is no fatal dosage that is delivered at a lower amount.

  6. GO DIRECTLY TO JAIL! by Anonymous Coward · · Score: 0

    Except the Republican senator's daughter.

    1. Re:GO DIRECTLY TO JAIL! by CrankyFool · · Score: 5, Informative

      FWIW, and I speak as a Democrat here, Heather Bresch, CEO of Mylan, is the daughter of Sen. Joe Manchin, Democratic Senator from West Virginia.

    2. Re:GO DIRECTLY TO JAIL! by Cinnamon+Beige · · Score: 4, Insightful

      Well, I suppose that saves Mylan on bribes to get that precious, precious regulatory capture that they've also been using to block competing tech from the US market.

    3. Re:GO DIRECTLY TO JAIL! by Anonymous Coward · · Score: 0

      Fake news! Manchin is a closet republican as is any PO in WV.

    4. Re:GO DIRECTLY TO JAIL! by Bartles · · Score: 1

      Not to mention the assist from Obama that requires all public schools to stock epi-pens.

    5. Re:GO DIRECTLY TO JAIL! by Cinnamon+Beige · · Score: 1

      Which wouldn't be quite a problem if a generic was out, or expected out anytime soon--have you seen some of what the FDA insists of generics? It's got to be 'exact same,' which has actually caused designs that are improvements to get bounced.

      It doesn't help that while yes, they did certainly cut down on that infamous paperwork backlog, they did a lot of it by rejecting as improperly-filled-out forms that, at the time they'd been filed, had been--and filing again with whatever the current version of the form is will just get you at the end of the queue, with no certainty that they won't change the rules between now and when they finally get around to actually processing it. Would it be too much to require that the paperwork be processed according to the rules at the time the paperwork was filed, at least if it's been allowed to sit around for a certain length of time beforehand? (If this seems dangerous: Combine it with soft transitions and penalties for the bureaucracy having too great a backlog, set up so that if that rule has to be applied to paperwork being processed now, the penalties for the backlog are also hitting.)

    6. Re:GO DIRECTLY TO JAIL! by unixisc · · Score: 1

      Republicans should distance themselves from Joe Manchin, rather than try & co-opt him, and try and target his seat for the party. And Dems should primary him, maybe w/ another Byrd like klansman

    7. Re:GO DIRECTLY TO JAIL! by unixisc · · Score: 1

      No, he's not. But his state has swung heavily Republican since the Dem's declared war on coal, and he can either do what he can to retain his seat, or throw his lot w/ his party leadership and be out of his current job

    8. Re:GO DIRECTLY TO JAIL! by Anonymous Coward · · Score: 0

      Which wouldn't be quite a problem if a generic was out, or expected out anytime soon--have you seen some of what the FDA insists of generics? It's got to be 'exact same,' which has actually caused designs that are improvements to get bounced.

      Yes. Because the concept of a "generic" is that it is marketed as identical to the brand name product except for the brand.

      If they are not identical there could be cases where substituting the generic for the brand name or vice versa is DANGEROUS. And thefore marketing them as identical is dangerously misleading.
      If the drug company has an improvement they should get the new improved drug approved. They can even patent it if they want (they might have to license the base drug/process in order to produce their improved variant).

    9. Re:GO DIRECTLY TO JAIL! by Cyberax · · Score: 1

      What? WV elected a Democrat?

    10. Re:GO DIRECTLY TO JAIL! by Bartles · · Score: 1

      Yeah, I have an improvement. I'll bring it to market in 20 years after it receives approval and all of Mylan's patent infringement lawsuits are exhausted. That's if I don't go bankrupt first. It's a fucking plastic syringe with a spring in it.

    11. Re:GO DIRECTLY TO JAIL! by Cinnamon+Beige · · Score: 1

      Which wouldn't be quite a problem if a generic was out, or expected out anytime soon--have you seen some of what the FDA insists of generics? It's got to be 'exact same,' which has actually caused designs that are improvements to get bounced.

      Yes. Because the concept of a "generic" is that it is marketed as identical to the brand name product except for the brand.

      If they are not identical there could be cases where substituting the generic for the brand name or vice versa is DANGEROUS. And thefore marketing them as identical is dangerously misleading. If the drug company has an improvement they should get the new improved drug approved. They can even patent it if they want (they might have to license the base drug/process in order to produce their improved variant).

      I can tell you don't actually know what you're talking about!

      First off, the generic is not necessarily identical, it normally is just substantially identical, as in "it has the exact same stats." It isn't necessarily a perfect clone, it's literally the sort of difference you get between a brand name product and something that's, well, not...and on occasions you will have perfectly valid medical reasons to prefer to go on-brand (or off, depending) such as allergies.

      So, moving on. EpiPens are actually not that reliable in function--I forget what the failure rate is, but it's actually disturbingly high--and merely having your generic version simply work reliably is sufficient for the FDA to reject it as a generic.

      Second, getting anything in the way of a medical device through the current FDA approval process is a Kafkaesque nightmare, especially when it's just a minor improvement on previous iterations as the FDA don't care, you're doing the testing from scratch. This is precisely why there's sometimes a distinct effort to avoid having the FDA decide to wave its magic wand over something and declare it a medical device--especially since yes, the absurdity implied by Kafkaesque is definitely present.

      This is pretty much what is wanted when you're out to get regulatory capture: You get the regulations written so as to effectively ensure that you have little to no competition. Deregulation actually is not something Mylan would want--because if you made the regulations reasonable, they would have to actually spend money on things like making better EpiPens.

  7. There needs to be a single price by Anonymous Coward · · Score: 2, Insightful

    To get some sanity in the drug marketplace there needs to be just a single price that the drug manufacturers charge. None of these crazy pricing schemes that really screw the uninsured or the underinsured that have to pay the top price.

    It's not just drugs, the entire medical industry has these crazy deals where the little guy who is the least able to pay ends up paying the most.

    1. Re:There needs to be a single price by Anonymous Coward · · Score: 0

      that would require a single payer system, though. where health insurance companies are out of business, and where both pharmaceutical companies and health care providers have only one entity that sets rates and prices, and who they negotiate with and justify costs and increases to.

      captcha: mediator

    2. Re:There needs to be a single price by Anonymous Coward · · Score: 0

      Why would it require single payer? All it would require is a law that says "If you sell a pharmaceutical drug, you may charge only one price for all customers; prices may be adjusted as business needs changes, but may modified more more often than once per quarter."

    3. Re:There needs to be a single price by currently_awake · · Score: 1

      Drug prices should be regulated. Price = Cost + profit, with the profit margin fixed by law.

  8. boo. by rogoshen1 · · Score: 4, Informative

    the thing that bothers me with this story is that you have a disconnect between government funded healthcare, and profit seeking private corporations.

    if you have a government entity such as medicare (or really any socialized institution), that essentially guarantees payment to a drug company for a treatment; coupled with a corporation which has a responsibility to shareholders to maximize profit.. The situation that arises absolutely incentivizes the company to charge as much as they can get away with, since after all the US gov't has essentially infinitely deep pockets. And a very similar situation arises with the military and higher education.

    And the shitty thing is, any attempt by the government to reign in profit margins and/or maximum price on a drug company would be met with the usual right winger response of "less regulation, free market!" (And this is coming from a republican.. I just don't get mental gymnastics on this level.)

    1. Re:boo. by fred6666 · · Score: 4, Insightful

      The government is also free not to cover your product, and can negotiate a better deal with your competitor.
      All other developed countries have a public health care system and it works just fine, they end up spending less on health care than the US with its private system, and the population is generally in better health condition.

    2. Re:boo. by Anonymous Coward · · Score: 1

      Europe has "government funded healthcare" or at least public healthcare and profit seeking private pharmaceutlical corporations. Europe also has about equally good medicines available.

      However, healthcare, including pharmaceutics, is cheaper in Europe than the US. It's still very high imho, but lower than the US. So somewhere your thinking is wrong I guess.

    3. Re:boo. by Major+Blud · · Score: 2

      The government is also free not to cover your product, and can negotiate a better deal with your competitor.

      What happens when there is no competitor (as in the case of deflazacort)? Does the government just not pay for the drug and tell it's citizens "sorry, it cost to much"?

      I'm not try to criticize the single-payer approach, I'm genuinely curious about how this is handled.

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    4. Re:boo. by Anonymous Coward · · Score: 0

      Every good right-ring conservative with an understanding of economics should know that monopolies are BAD. Everything we like about the free market is destroyed by monopolies (and cartels).

      Patent law creates monopolies. The historical intentions of patent law are no longer relevant. The modern-day effects are simple: they create monopolies that harm consumers (including denying life-saving medicine).

      Eliminate patents and many of these harmful monopolies vanish overnight. We can find other ways of ensuring that there is sufficient RnD spent on new medicines.

    5. Re: boo. by Anonymous Coward · · Score: 0

      Only if you believe other govs figures.
      The famous nhs in the UK is still being bled dry by pharmaceuticals firms,but guess who's families seem to be dis-proportionally given "jobs" at pharmaceuticals firms ?

    6. Re:boo. by fluffernutter · · Score: 1

      When you are a single payer you have negotiating power to tell the company what you will pay for the product. Basically they go to a company and tell them, no you're not going to make $50 billion off of us but you can clear an extra $10 billion and you can take it or leave it. Usually they will take it.

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    7. Re:boo. by fred6666 · · Score: 1

      Regarding that particular drug it seems it is much cheaper outside the US, and this seem to be the rule not the exception.

      But to answer your question, it must depends on countries but I doubt any country would offer a $1 billion/pill drug to its citizens even if proved effective.
      Drugs are covered by patents, the only reason why they can't be cloned and sold at lower price. These patents last for a few years so in the worst case the drug won't be offered for that period. But sometimes I guess it's cheaper to pay the full price for a drug than to develop a generic clone especially if very few people needs it.

    8. Re:boo. by smugfunt · · Score: 1

      What happens when there is no competitor

      With a national health service you have a monopsony—a single customer who can say "I'll pay this much and no more. Take it or leave it."

      Furthermore, when that customer is the government they can revoke patents, pass laws, nationalise companies etc.

    9. Re:boo. by thomst · · Score: 2

      rogoshen1 opined:

      the thing that bothers me with this story is that you have a disconnect between government funded healthcare, and profit seeking private corporations.

      if you have a government entity such as medicare (or really any socialized institution), that essentially guarantees payment to a drug company for a treatment; coupled with a corporation which has a responsibility to shareholders to maximize profit.. The situation that arises absolutely incentivizes the company to charge as much as they can get away with, since after all the US gov't has essentially infinitely deep pockets. And a very similar situation arises with the military and higher education.

      And the shitty thing is, any attempt by the government to reign in profit margins and/or maximum price on a drug company would be met with the usual right winger response of "less regulation, free market!" (And this is coming from a republican.. I just don't get mental gymnastics on this level.)

      Oh, it's a LOT worse than you think it is:

      http://www.motherjones.com/politics/2016/10/drug-industry-pharmaceutical-lobbyists-medicare-part-d-prices

      (Note that, while the above is a Mother Jones article on the subject, there are plenty of business pubication and c onservative-leaning websites that will tell you exactly the same thing.)

      In a nutshelll - for those of you who won't read the linked article - the Medicare Modernization Act, signed into law by George W. Bush on December 3, 2003, FORBIDS the Social Security Administration from negotiating drub discounts with pharmaceutical companies, despite the fact that Medicare/Medicaid (which are run by the SSA) is THE largest purchaser of prescription drugs in the world. That prohibition was added to the bill in order to persuade Congressmembers to vote for it (because pharmas donate lavishly to their re-election funds). So there's absolutely zero inducement in U.S. law to keep prices low - and every incentive to raise them to the stratosphere, so that the for-profit medical insurance companies can be offered significant discounts, with good, old Uncle Sucker taking up the profitability slack.

      Read the actual bill for yourself and be appalled:

      https://www.congress.gov/bill/108th-congress/house-bill/1

      --
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    10. Re:boo. by Major+Blud · · Score: 1

      "I'll pay this much and no more. Take it or leave it."

      So if the company says "we'll leave it", do the people who are being refused treatment raise hell about it? Or does this not happen with any frequency?

      I also fail to see how a single-payer somewhere in Europe or elsewhere could nationalize a company based in the U.S. like Mylan.

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    11. Re:boo. by radarskiy · · Score: 1

      "The situation that arises absolutely incentivizes the company to charge as much as they can get away with, since after all the US gov't has essentially infinitely deep pockets.

      That's one theory. Another theory is that the US government can pay you as little as they like, because what other purchaser can make up that volume? (This is in fact how WalMart treats its suppliers and how they can drive supplies to sell to WalMart huge volumes below their manufacturing cost.)

      The reality of the situation is that Medicare is that it has controlled its spending better than private treatment.

    12. Re:boo. by PPH · · Score: 1

      So if the company says "we'll leave it"

      ... then the government seizes the companies patents. And production facilities if necessary. See eminent domain.

      --
      Have gnu, will travel.
    13. Re:boo. by Anonymous Coward · · Score: 0

      The government is also free not to cover your product, and can negotiate a better deal with your competitor.

      What happens when there is no competitor (as in the case of deflazacort)? Does the government just not pay for the drug and tell it's citizens "sorry, it cost to much"?

      I'm not try to criticize the single-payer approach, I'm genuinely curious about how this is handled.

      The government mandates licensing to other drug companies. Now there are competitors in the market. The company that originally developed the drug collects profits from sales and profits from license fees, so they win both ways.

    14. Re:boo. by smugfunt · · Score: 1

      Any local facilities can be nationalised. If that includes the relevant factory then it makes no difference where the head office is.

      Drugs companies often have more than one product, and few of them are the only alternative. A government can prevent them doing any business in their country at all. It can set up a lab to make the drugs itself, or hire another company to do it.

      However, in the UK at least, they tend not to take the muscular approach and I believe there have occasionally been cases where the relevant committee has decided that a particular drug has a poor cost/benefit ratio, and the company has not made sufficient concessions, so that drug is not available on the NHS.
      Apart from the few directly affected this is not a source of public outrage against the NHS. People know who the villains are.

    15. Re:boo. by Rhipf · · Score: 1

      In some but not all cases there is a cap on what the government will pay for these drugs. They are large enough purchasers to put pressure on the pharmaceutical companies to keep the price low (one of the reasons US citizens have been known to go to Canada for to fill their prescriptions.

    16. Re:boo. by EndlessNameless · · Score: 1

      So if the company says "we'll leave it"

      Maybe as a negotiation tactic.

      If the government price is profitable, they'll end up making it.

      And if they claim it can't be made profitably, maybe the government should auction off the patent. The auction winner can then supply the government at the listed price, or else return the patent.

      I also fail to see how a single-payer somewhere in Europe or elsewhere could nationalize a company based in the U.S. like Mylan.

      It's almost like you're completely unaware of history. When the facilities and tools are in those countries, they declare their intent and back it up with armed forces. If the foreign company doesn't like it, they have to convince their government to do something about it.

      Hell, Venezuela just did it again last week.

      --

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    17. Re:boo. by Major+Blud · · Score: 1

      It's almost like you're completely unaware of history.

      Come on give me a little credit here. I may be wrong, but I doubt the EpiPen is made in Europe. If a drug is completely manufactured in the U.S. (or anywhere else for that matter), I don't think the E.U. would have much they could seize outside of intellectual property (which wouldn't prevent the company making it from still doing so in the U.S.)

      The GM fiasco in Venezuela doesn't really fit into this scenario, I don't think anybody has a single-payer system for automobiles, and Venezuela didn't seize GM's production facilities in Detroit.

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    18. Re:boo. by sjames · · Score: 1

      Not a problem. Nationalize the patent and put the manufacture out to bid.

    19. Re:boo. by Anonymous Coward · · Score: 0

      they end up spending less on health care than the US with its private system, and the population is generally in better health condition.

      This is one of those cases where the statement is true, but it's very misleading. First, it's true that many other countries spend less than the United States on drugs and medical treatments, but that alone says nothing about the quality of the medicine being practiced and like most things in life you get what you pay for whether it's you paying or somebody else paying for you. Eventually, paying less cuts into quality and I suspect that happens more often in those countries than socialized medicine cheerleaders here in the United States would care to admit. Second, with regard to the population being generally in better health, there are many other factors effecting health besides the health care system. Here in the United States we consume far to much junk food, sugar, white bleached enriched flour, partially hydrogenated oils saturated fats and the like and we don't get nearly enough exercise. Those are choices or realities that are independent of the quality or lack thereof of our health care system. For example, it's not the fault of the hospital that you drank gallons of sugary soda every day for decades and now you have health problems. I think that it would be very hard in any study to control for these factors and isolate what effect the health care system has independent of other factors.

    20. Re:boo. by EndlessNameless · · Score: 1

      Mylan has facilities across Europe. And India. And the Middle East, Africa, and the South Pacific.

      That said, I have no idea where EpiPens specifically are made. I'd be surprised if there is only one facility, as most pharmas like to have multiple sources for each product.

      --

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      According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
  9. Not the whole story. by Major+Blud · · Score: 5, Informative

    I had actually just finished reading this on Ars before coming here to see it at the top of the page. The summary leaves out a very important detail.

    Sanofi is suing Mylan claiming that their underhanded attempts cost them business. While that may be true, I think that this may have a more severe impact on their sales:

    "In 2015, Sanofi pulled Auvi-Q following quality control issues. The device has since been put back on the market by another pharmaceutical company, Kaléo. The list price of the newly released Auvi-Q is set at $4,500."

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    1. Re:Not the whole story. by Anonymous Coward · · Score: 0

      Note that this happened in 2015, two years after EpiPen's monopoly drive.

    2. Re:Not the whole story. by Major+Blud · · Score: 1

      True enough, but I'd imagine that Sanofi has no one to blame for quality control issues besides themselves.

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    3. Re:Not the whole story. by hey! · · Score: 1

      CVS has developed its own injector which it sells for $110.

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    4. Re:Not the whole story. by rfunches · · Score: 1

      This.

      My allergist sold me on the Auvi-Q (and insurance covered it) precisely because it was a better product than the EpiPen. Sanofi voluntarily pulled it due to QC issues (reports where the injector did not deliver the full amount of epinephrine) which was the right call, and folks like me sent their units back in and unexpired units got refunds.

      Another company bought it from Sanofi and, when they put it back on the market in early 2017, proceeded to set the list price at extortion levels. My pharmacy benefits manager made the right call (sure, I might have only paid $100 out-of-pocket, but my plan would be covering the rest) and refused to play ball, so I'm stuck going back to EpiPen. At least now I don't have a co-pay...

      Personally, I think this is just a case of hindsight-is-20/20 -- if Sanofi had known how much flak Mylan was going to get over EpiPen, I'm pretty sure they would have held on to Auvi-Q and swooped in with some PR play to be the "good guy" and pick up customers. Whelp.

    5. Re:Not the whole story. by dawich · · Score: 1

      According to my allergist (allergenist? neither looks correct.) Sanofi sold manufacturing rights to Company A, Company A didn't fill the auto-injectors with the correct amount of epi, so Sanofi bought back the mfg rights to fix the QC issues. Apparently that's the story they're telling doctors, anyway. ;-)

  10. Don't worry by Anonymous Coward · · Score: 0

    The free market will fix itself.

    1. Re:Don't worry by OrangeTide · · Score: 1

      Natural selection will sort this out eventually.

      --
      “Common sense is not so common.” — Voltaire
    2. Re:Don't worry by Bartles · · Score: 1

      What free market?

    3. Re:Don't worry by Overzeetop · · Score: 2

      Well, when all the people who need it have died, and that limitation is mostly pruned from the human branch of evolution, then the companies will no longer have a large market and they will have to reduce prices to meet the reduced demand. See, market forces always work! /s

      --
      Is it just my observation, or are there way too many stupid people in the world?
  11. Mylan: Corporate Death Penalty by WCMI92 · · Score: 4, Interesting

    Their behavior deserves it. Their corporation is dissolved, all their executives (including Mizz Bresch) are banned from working in similar positions for life, and all their intellectual property is public domain.

    --
    Corporatism != Free Market
    1. Re:Mylan: Corporate Death Penalty by DontBeAMoran · · Score: 1

      You'd make a friendly dictator.

      --
      #DeleteFacebook
    2. Re:Mylan: Corporate Death Penalty by swb · · Score: 1

      You left out the part where the board and Ms. Bresch are stripped of all their assets and relocated to a communal farm on the outskirts of Harlan, Kentucky, where they are forced to rebuild their lives through manual labor and no health insurance.

    3. Re:Mylan: Corporate Death Penalty by Anonymous Coward · · Score: 0

      You left out the part where the board and Ms. Bresch are stripped of all their assets and relocated to a communal farm on the outskirts of Harlan, Kentucky, where they are forced to rebuild their lives through manual labor and no health insurance.

      You know the rat race is rough when the corporate death penalty punishment for the board sounds somewhat preferable to your life :/

  12. EpiPen in Canada by Anonymous Coward · · Score: 2, Interesting

    is $14.00 for two.

    Just FYI.

    1. Re:EpiPen in Canada by raburton · · Score: 2

      £8.60 in UK - standard NHS prescription charge (although the British National Formulary lists the actual cost at £26 each). At least 2 other brands licensed in the UK, pretty much the same price.

    2. Re:EpiPen in Canada by Anonymous Coward · · Score: 2, Insightful

      £8.60 in UK - standard NHS prescription charge (although the British National Formulary lists the actual cost at £26 each). At least 2 other brands licensed in the UK, pretty much the same price.

      Bloody socialist medicine providing cheap EpiPens for for 1/20 of the US price. It's a disgrace.

      I am constantly amazed by Americans attitude to health care. You don't object to the govt building you roads why should you object to the govt providing you with a basic human right, decent health? I know why the govt thinks the way it does, thats easy, lobbying or as we say in here in England, bribery and corruption, but what puzzles me is why the Americans as citizens out up with this constant crap. Why is such a big deal for the govt to provide medicine?

    3. Re:EpiPen in Canada by Anonymous Coward · · Score: 0

      you are correct but you are reinforcing the point not arguing against it.

      Example:
      Canadian GDP by purchasing power parity per capita in USD in 2015: $43,970
      American GDP by purchasing power parity per capita in USD in 2015: $55,836

      Giving the US a 27% higher GDP PPP. In August 2016 the price of an epipen in the US was raised to $608.98 (USD) while the actual cost in Canada (meaning what the real cost paid to the provider, not just the price the patient sees) was $93.88 (USD).

      So unless the US GDP PPP, which takes into account actual purchasing power not just numerical income, increased from being 27% higher than Canada to 547.6% higher than Canada between 2015 and 2016 then your point is making the case that Americans ARE being rooked not that they are not.

    4. Re:EpiPen in Canada by Anonymous Coward · · Score: 0

      yeah. take an economics class. a 9th grade one. supply and demand are curves. you know, not a straight line. I know, exponents. hard to understand when you never made it past multiplication.

      I love morons who tell me I'm wrong. it's literally a kid who's shit his pants yelling how bad it smells.

  13. Two Four Six Oh ONE!!! by laurencetux · · Score: 1

    it shows the difference between The Little Guy and the 0.0001% when a guy can get charged for standing next to an open beer bottle left on the street and a BEERCORP can have a cargo ship of beer smash open on a dock and no charges would be filed.

    personally i think that the execs involved should go down for a couple hundred homicide charges (since i would bet that a buncha kids died as a result of this bovine manure)

  14. Alternatives by Gilgaron · · Score: 2

    We were able to get some Adrenaclick brand injectors at CVS recently for $10. I think it is $109 without coupon, still cheaper than Epipen. I had wondered about the coupons and discounts that the drug companies had, now it makes sense... they probably even write off the discounts on their taxes.

    1. Re:Alternatives by Anonymous Coward · · Score: 0

      Mylan's generic cost over $180 at Walgreens. Screw that. We also bought the Adrenaclick from CVS. They were 2 for $10 with a coupon that the pharmacist printed for us.

      I refuse to purchase any drug made by Mylan, and convey that sentiment when filling every prescription.

  15. Sounds Familiar... by sizzlinkitty · · Score: 1

    If memory serves me correctly, Intel / Microsoft were hit and lost lawsuits for this exact behavior.

  16. Ownership ? by Anonymous Coward · · Score: 0

    Does Bill Gates own part of Mylan ? It sounds like his tactics.

  17. Market by fluffernutter · · Score: 3, Funny

    Don't worry, the market will take care of it.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    1. Re:Market by ghoul · · Score: 3, Insightful

      It just may not take care of it in a way you like. As far as the market is concerned all kids with allergies dying because of no epipen and hence the gene pool being cleansed of allergy genes is a valid outcome.
      So is the parents of such kids burning down Mylan and killing everyone on its board of directors (The market has no conscience)

      That is why we do not let unregulated markets play by themselves. Capitalism needs a tincture of socialism otherwise its just as bad as Communism just in different ways.

      --
      **Life is too short to be serious**
    2. Re:Market by moeinvt · · Score: 0

      I know you said that facetiously, but the market would take care of it very quickly ... if the U.S. government would stop actively preventing that from happening.

      The very same EpiPens which sell for hundreds of dollars in the USA can be had in Europe & Canada for less than $100. In a free market, these price differences could not possibly exist. People in the USA would just drive across the border to buy them or pay shipping costs to get them from a foreign supplier. Prices would have to reach an equilibrium because nobody would pay the ridiculously inflated USA price for the same product.

      Why doesn't this happen you ask? Because the U.S. government makes it ILLEGAL to import or even re-import these products, or any other prescription medications for that matter. Remove the government ban and the market would indeed take care of it. Maybe folks in Europe and Canada would have to pay a little more, but USA customers would pay a lot less.

      Then there's the whole multi-million dollar FDA barrier to entry for domestic competitors.

      Government is the problem.

    3. Re:Market by Anonymous Coward · · Score: 1

      You know why epinephrine auto-injectors are $14 CAD? Because of regulation. We have one national health insurance system, into which everyone pays. That has incredible buying power - they can cap a supplier's profit at a reasonable margin, unilaterally, or find another supplier. They are legally obligated to select generic medicines over brand name medicines. Thanks to yet more regulation, we can trust the quality of those generic medicines.

    4. Re: Market by fluffernutter · · Score: 1

      I was going to say.. without regulation how do you know the epi-pen won't explode when dispensing the medicine?

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    5. Re: Market by fluffernutter · · Score: 2

      Without regulation, Bic might be able to start making an epi-pen but it will likely be found exploded in your bag when you need to use it. There is no realistic way to sell medical goods without regulation, it just needs the correct regulation.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    6. Re: Market by sjames · · Score: 2

      APPROPRIATE regulation. The ban on re-importing drugs already made to FDA specs and exported to another country has no conceivable safety benefit. Particularly when the other country is also in the 1st world and has regulations of it's own similar to ours.

    7. Re:Market by Gussington · · Score: 1

      Capitalism needs a tincture of socialism otherwise its just as bad as Communism just in different ways.

      I think the GP was being sarcastic...

    8. Re:Market by cwsumner · · Score: 1

      Capitalism needs a tincture of socialism otherwise its just as bad as Communism just in different ways.

      I think the GP was being sarcastic...

      Sarcasm does not make it across the Internet. Don't use it unless you want people to think you are a fool... ;-)

  18. No by Anonymous Coward · · Score: 0

    One is prosecuted, the other is not. If it were as you said, we could pressure our representatives to change the law.

    As it is, we can change the law all we want, but it will never be enforced.

    1. Re:No by Falos · · Score: 1

      This is the very point of Law. It's meant to be a fixed, predefined standard. It's meant to apply to all. It's meant to affect an action, not a person, sometimes the goal being to eliminate the action from existence entirely. Murder is addressed, murder is defined, murder is quantified, with no respect to who the particular Alice and Bob were. Justice is blind.

      Selective enforcement and selective lawwriting are then the polar opposite. It is the antithesis of law. We have interpreters, arbiters, interpreting and being arbitrary. Justice is what the judge had for lunch.

      That's not a joke, that's been studied. Parole rates are increased in the window after judges have eaten.

      The rest is, as they say, algebra. When you have an influence'able factor in any given system, it will be influenced by the most influential influences. Obviously. The slightly-less obvious is what that means in practice: Justice to those who afford it, laws to those who lobbybuy them.

      This is the same problem with the "free market" catch22. There will never be a free market because (even without malicious intent) capitalism leads to concentrated power. Capital begets capital. The balance will shift in favor of greater weights, naturally. Conditions will drift towards self-optimizing. Conditions will favor those that most influence them.

      It's just nature - no, it's simpler, it's linear cause and effect. Evolution happens fastest with frequent breeding, and capitalism favors wealth concentration, naturally and then again artificially, through naturally-evolving effects.

      I'm not proposing a solution to capitalism or justice-for-some, just observing inevitability, because sometimes I see people pretend reality is otherwise. Warm air rises and influences self-optimize. Of course they do.

  19. Corporate Dems by rsilvergun · · Score: 1

    vs Justice Dems. We're trying to reign them in in the wake of Hilary's loss. But there's a lot of money out there.

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  20. If it's one thing I've learned from Pharma compani by rsilvergun · · Score: 1

    it's that quality control issues have negligible impact on sales unless there's a 100% death rate. Not among the drug's users, but among patients in general.

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  21. WTO Compulsory Licensing by ghoul · · Score: 1

    There is a clause in the WTO licensing deal covering medical patents. Every national govt has the right to invoke it have a particular drug's patent suspended and have it manufactured as a generic if it is considered a public health emergency. For a drug where there is no alternative, which is shown to work and where the company is being unreasonable, the govt can always pull out the big gun. The US govt doesn't as its bought my Pharma lobbyists.

    --
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    1. Re:WTO Compulsory Licensing by Major+Blud · · Score: 1

      Thanks for pointing this out....I had no idea the TRIPS Agreement or Doha Declaration existed.
      https://en.wikipedia.org/wiki/...
      (although it looks like Doha hasn't been passed yet, at least according to Wikipedia).

      So if a single-payer doesn't like the price Mylan is paying, they can essentially just declare it an "emergency" and issue a license to anyone else to make an Epipen without the threat of patent theft?

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    2. Re:WTO Compulsory Licensing by fred6666 · · Score: 1

      no need, there are already alternatives to epipen

    3. Re:WTO Compulsory Licensing by Major+Blud · · Score: 1

      True, but what about something where there are no alternatives?

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    4. Re:WTO Compulsory Licensing by fred6666 · · Score: 1

      sounds like it, although this clause probably won't stay for long if countries start abusing it.

    5. Re:WTO Compulsory Licensing by Major+Blud · · Score: 1

      Yeah I'm not sure if there's a legal process for declaring something a "health emergency" with the WTO. Do you know if anyone has gone to this extreme? The Wikipedia article for TRIPS made some reference to G.W. Bush doing it with generic AIDS medications being sold in Africa.

      And thanks for keeping this civil. A lot of people on this thread are pretty quick to call me out as an idiot, when I'm generally trying to understand how this works. I really learned something today! I had never heard of TRIPS or Doha until you guys brought it up.

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    6. Re:WTO Compulsory Licensing by ghoul · · Score: 1

      This clause is like Nuclear Weapons. Its not meant to be used but its presence means that companies have to be reasonable. Of course a demonstration use would be a good deterrent and I would say the Epipen manufacturers have earned one.

      --
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  22. In hindsight by nightfire-unique · · Score: 1

    It is interesting*, in hindsight, recalling the talk of "death panels" citizens of countries with socialized medicine must supposedly suffer through.

    * Footnote left as an exercise for the reader

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    1. Re:In hindsight by Anonymous Coward · · Score: 0

      They don't have freedom.
      --
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  23. This is, how the system should work by mi · · Score: 1

    could dangle deep discounts to drug suppliers -- with the condition that they turn their backs on Sanofi's Auvi-Q

    We've had antitrust laws for over a century now, since Standard Oil was using similar tactics against competition. New "regulations" since then are mostly junk...

    Law-suits brought by the unfairly injured competitor seems like the best means of resolving these problems.

    --
    In Soviet Washington the swamp drains you.
    1. Re:This is, how the system should work by hawk · · Score: 1

      Standard Oil was accused of "predatory pricing" moving into an area, underpricing until the competition left, and then raising its prices using it's new-found monopoly power.

      It was only a couple of decades ago that anyone looked at the data.

      Turns out that they did indeed move in with lower prices, and that their competitors fled, but they kept the lower prices. (and why not? unlike their competitors, they were quite profitable at those prices).

      hawk

  24. Other Mylan drugs too... by Anonymous Coward · · Score: 0

    The Mylan brand pain patch is $600 for 15 patches. The same strength and ingredient Mallinckrodt brand pain patch is $85 for 15 patches. Thanks Mylan, for raping my wallet.

  25. yet more peanut panic and profiteering by xeno · · Score: 2

    Sigh... It's sad to watch the "peanut panic" crowd -- the people who claim all sorts of wild stats about allergy deaths unsupported by evidence -- and the companies that make money by giving them a soapbox. This US/UK-centered phenomenon is a cultural and economic situation, not a medical one. According to the Centers for Disease Control/CDC researchers and American Medical Association/AMA's actual reputable scientists (not med mfr salespeople), the verified death rate from the relevant allergens has been consistent for 50+ years, as long as they've been keeping statistics. No significant rise.

    What *has* happened is the massive thousand-fold rise in the number of people *diagnosed* with *some* anaphalactic reaction to peanuts and a zillion other irritants. When more people get *informed* there is a risk, the risk gets wildly exaggerated because of medical liability to any medical provider that does not address the completely-consistent-not-rising remote possibility of fatal reaction. And that translates into sales of expensive epi-pens from the company that conveniently funded the first and oft-cited major study into peanut allergy. And keeps funding other shoddy whitepapers on the topic. And keeps raising prices.

    These guys are thieves. Those people are fools. Nothing new under the sun.

    --
    I think not...(*poof*)
    1. Re:yet more peanut panic and profiteering by Anonymous Coward · · Score: 0

      I don't know about peanuts, but some things like gluten have been mega-concentrated over the years. There is far more gluten in a slice of bread today than there was 200 years ago. It makes the bread 'prettier' and thus increases sales. Same with fruits. They have more sugar and water, less nutrients. The only GMO products designed for the benefit of the consumer, rather than the profits of everyone else, is Golden Rice and the rice has been a failure. People with slight intolerance now have more noticeable reactions due to the increased concentrations.

  26. Truth about Standard Oil by mi · · Score: 1

    Turns out that they did indeed move in with lower prices, and that their competitors fled, but they kept the lower prices.

    Well, whatever they actually did, they were accused of jacking their prices back up after driving the competition away.

    This is one of those cases, when the facts do not really matter, ha-ha, only the public perception does...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Truth about Standard Oil by volmtech · · Score: 1

      This is what Walmart does. The competition leaves but the prices stay low.

  27. Re:Er...so it was about greed? Well, no by HiThere · · Score: 1

    To me this sounds like it was about power and monopoly. That's a bit worse than just greed, which is bad enough on its own. But I'll grant that there was a large component of greed in the actions.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  28. Money is due.. when... by See+Attached · · Score: 1

    Money is a medium of exchange that equates my work to yours.. crafted so that we all add to the social value that the currency represents. Or .. that what I had heard. Did this Martin Shkreli dipweed start or just hilite the greed that is making healthcare too expensive? Good money for Good service, but aspirin does not cost $10. per tab and any Asswipe that thinks thats a good idea needs to be held accountable.

    --
    Time for a new Political party in the US (or two!) One is off the rails Other cant pony up a leader.
  29. What is/was Sanofi charging? by martinfb · · Score: 1

    What is/was Sanofi charging for their competing product?

    Sounds like it really may be past time to curb corporate crap of every kind!

    --


    Self-importance and self-indulgence is the root of ALL evil.