Michael A. Carrier
Published: 2019
Total Pages: 0
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In response to questions for the record after my testimony at the Senate Judiciary Committee hearing, I addressed the inquiries of three Senators.First, I responded to Senator Grassley's questions. I explained that the market of pharmacy benefit managers (PBMs) is not competitive and that PBMs have increased prices and distorted the market. Relatedly, I noted that consolidation does not lower costs, but harms small pharmacies. And I explained how "rebate walls" are harmful to patients. I then (relying on Frakes & Wasserman) highlighted deficiencies with the Patent Office examination process that result from limited review time, asymmetric incentives, and the ex parte nature of the process. As a result, I suggested that Congress grant more resources to the Patent Office, not enact the Hatch-Waxman Integrity Act of 2018, and pass antitrust legislation.Second, I responded to Senator Klobuchar's questions. I highlighted the concerns with abusive citizen petitions. And I supported legislation, the Stop STALLING Act, that would address these petitions, suggesting ways to strengthen the legislation. Finally, I noted that Congress could adopt helpful administrative changes that would further reduce the harm, such as those offered in S. 660, the Efficiency and Transparency in Petitions Act.Third, I responded to Senator Blumenthal's questions. I highlighted the dangers of product hopping and patent thicketing and explained how they would be addressed by the Affordable Prescriptions for Patients Act of 2019. Finally, I discussed "killer acquisitions," which Congress could address by adjusting the Hart-Scott-Rodino Act's pre-merger notification requirements in the pharmaceutical industry.
