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Thursday, May 1, 2003



Congress asked to look
into rising cost of drugs


State Attorney General Mark Bennett and 37 other attorneys general are seeking relief for consumers from high costs of brand-name prescription drugs.

They have sent a letter to Congress asking that it examine anti-competitive practices in the pharmaceutical industry and take action to promote generic competition to brand-name drugs.

"The high price of brand-name prescription drugs makes many lifesaving medications unobtainable for large sectors of our population," they wrote.

They pointed out that the cost of brand-name drugs is greatly reduced, and so are state Medicaid costs, when generic equivalents are available.

Since 1998, they said, they have prosecuted many antitrust violations against brand-name and generic pharmaceutical companies.

In their investigations, they said, they have seen "a number of anti-competitive actions that continue to alarm us."

They include improper use of the courts and patent laws by brand-name manufacturers to prevent generic drugs from entering the market.

The group also cited anti-competitive agreements between brand-name manufacturers and generic competitors, collusion between generic companies to prevent expeditious marketing of their products and false and misleading price reporting by certain generic manufacturers, resulting in Medicaid over-reimbursements to pharmacists and physicians.

"We support the safe and efficient availability of generic alternatives to brand-name drugs while protecting the valid intellectual property rights of the brand-name drug companies," the attorneys general said.

"Therefore, we ... urge Congress to carefully examine the relationship between rising prescription drug costs and the above-referenced anti-competitive behavior, and to enact legislation preserving and promoting generic competition for prescription drugs."

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