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The opening panel discussed the multidisciplinary perspectives surrounding concerns over competitive and consumer harm in pharmaceutical markets.

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Drugs represent a significant part of total healthcare spending in the U. Given the importance of the pharmaceutical sector, antitrust enforcement will need to be buttressed by a coherent competition, patent, and public health policy framework. Panelists from healthcare, enforcement, and state and federal policy forums wove the major takeaways from the first panel together with their unique perspectives.

They discussed the policy implications of the current crisis in drugs and provide insight into the elements of an integrated policy approach to promoting continued innovation, fair prices, and access to drugs by those who need them. The opening panel examined the burgeoning set of practices and strategies deployed by both branded and generic drug companies that are designed to limit competition and raise prices to consumers.

With stronger law regarding pay for delay, drug companies have moved on to newer ways to delay market entry and keep drug prices high. These include practices such as product hopping, sham petitioning, and price fixing.


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The panel also discussed competition issues in the pharmacy benefit manager PBM segment of the supply chain and the potential spillover effects of certain PBM practices into the upstream drug manufacturing sector. Panelists provided perspective and insight into how these issues have been addressed by public and private enforcement, legal victories and defeats in combating abusive behavior, and their implications for competition, consumers, and innovation.

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House Committee on the Judiciary. Washington Center for Equitable Growth. Panelists: Bradley S. The law usually limits the scope of liability based upon the foreseeability of the type of the harm and the manner of the harm, but not the extent of the harm. In this section, we'll explain the distinctions. Unforeseeable Type of Harm. A person who causes injury to another is not liable if the type of harm does not foreseeably flow from the negligent act. For example, if Damon drops a glass bottle on the floor and does not clean it up, Damon would be liable for the injuries caused to anyone who cut themselves on the glass.

However, if a freak fire is somehow caused by sunlight that is magnified through the broken glass, it is arguable that Damon would not be liable for injuries caused by the fire because they are not a foreseeable type of harm that would flow from the negligent act.

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In other words, a fire is not a foreseeable result that might stem from leaving shards of glass on the ground. Unforeseeable Manner of Harm.

A person who causes injury to another is not liable for a superseding cause when the superseding cause itself was not foreseeable. In such a situation, it is said that the superseding act breaks the causal chain between the initial negligent act and the injury. That typically means the person who committed the initial negligent act will be relieved of liability.

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For example, if Daniel left a candle burning in his apartment while he was at work, and, subsequently, a burglar broke into his apartment and knocked the candle over, burning down the entire building, Daniel would likely not be liable for injuries sustained because the burglar was an unforeseeable, superseding cause. In reality, the issue would be argued by both sides of the case—the people who suffered losses from the fire arguing that the burglar's presence was foreseeable, and Daniel arguing that it was not.

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Examples of superseding causes that are typically deemed foreseeable so that the defendant does not escape liability :. Unforeseeable Extent of Harm. A person who causes injury to another person is liable for the full extent of the harm, whether or not the extent of the harm is foreseeable. For example, if Dallas is negligently driving through a small, suburban town and collides with Paula's Ferrari, Dallas is liable for the full amount of damage caused to the car, despite the fact that it might not be foreseeable to encounter such an expensive car driving through a small, suburban town.

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