Using Antitrust Law to Challenge Turing’s Daraprim Price Increase

Carrier MA, Levidow NL, Kesselheim AS - Berkeley Technology Law Journal

  • Innovation Incentives and Competition
  • Price, Value, and Access
  • Regulation and Clinical Evidence

Summary:

Turing Pharmaceuticals’ restriction of pyrimethamine distribution to a single source, combined with its resulting monopoly power, enabled a 5000% price increase and constitutes unlawful monopolization under antitrust law. The author contends that Turing’s exclusionary distribution scheme, lacking legitimate business justification and designed to block generic competition, meets the legal standard for an antitrust violation.

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