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This publication examines how drug originator manufacturers manage to shield their products from competition. It characterizes the pharmaceutical industry in detail and analyzes actions that violate antitrust laws in the USA and/or the European Union. The publication examines, for example, pay-for-delay strategies, market foreclosure, resale price maintenance, but also mergers and acquisitions, while taking into account market specificities such as the unique research and development process. The study explains why drug prices sometimes remain at elevated levels even after the drug´s patent protection has expired. Knowing the characteristics of such anticompetitive strategies helps customers such as health insurance companies to develop effective counter-strategies.

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Overview of Antitrust and Competition Issues.- Vertical Restraints under Parallel Trade.- Competitive Restraints under Reference Pricing.

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Ann-Kathrin Lehnhausen, M.Sc. in Business Administration and M.A. in Economics, worked at Justus-Liebig-University Giessen as teaching asssistant during her studies. After her graduation she started working as junior sales manager, responsible for API Exports, at a pharmaceutical company, where she combines her interest in economics with her interest in the pharmaceutical market.

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