Carl Hittinger, Jeanne-Michele Mariani Examine Drug Price Spikes and Antitrust Laws

Articles / December 3, 2018

Partner Carl Hittinger and Associate Jeanne-Michele Mariani authored an article published by The Legal Intelligencer on Nov. 30, 2018. The article, “Price Hikes and Spikes and the Antitrust Laws,” uses the well-known example of “Pharma bro” Martin Shkreli and his company’s abrupt price hike for Daraprim from $13.50 to $750 a pill to consider whether such price jumps should be necessarily considered antitrust violations.

Hittinger and Mariani write that when a single company is the only maker of a specific drug, it is difficult to successfully mount an antitrust case based on unilateral price hikes or spikes alone. They also note that recent proposed legislation may provide some remedies to monitor drug pricing without invoking the antitrust laws.

Read the article.