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66 Am. U. L. Rev. 247 (2016-2017)
Big Pharma Monopoly: Why Consumers Keep Landing on Park Place and How the Game Is Rigged

handle is hein.journals/aulr66 and id is 255 raw text is: BIG PHARMA MONOPOLY: WHY CONSUMERS KEEP LANDING ON PARK PLACE AND HOW THE GAME IS RIGGED MARK S. LEV' Now, more than ever before, pharmacologists are contributing medical advances to confront ravaging disease. They are developing drugs to mitigate the effects of Alzheimer's, HIV, multiple sclerosis, and various forms of cancer. To capitalize on the opportunity, brand-name pharmaceutical firms are patenting these drugs, consequently guarding formulas and, with it, profits. Patents grant brand-name firms market exclusivity, which essentially allows them to set their own prices. Even though brand-name firms are investing some of their capital to cultivate new drugs, they also are enjoying gigantic revenue streams, absurd profit margins, and seemingly unfettered control of their respective markets. Consequently, sick patients are unable to afford their medication; high prices are bankrupting consumers in the absence of reasonably-priced generic alternatives. Despite the fact that generic drugs contain identical ingredients, cure the same symptoms, and cost 70% less, brand-name drugs persistently dominate their generic counterparts. Indeed, brand-name firms are improperly preventing generic market entry. Without generic competition, no watchdog exists to curb big pharma's prohibitive prices. Despite the Supreme Court's Jleeting fix in FTC v. Actavis, which condemned reverse payment settlements that precluded competition, * Note & Comment Editor, American University Law Review, Volume 66; J.D. Candidate, May 2017, American University Washington College of Law, B.A. Psychology, James Madison University. I would like to offer a profound thank you to my family, friends, professors, and colleagues, who all continue to inspire and encourage me every day. I also would like to extend a special thanks to the ever-hard-working staff of the American University Law Review for their efforts throughout the publication process. 247

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