High generic drug prices affect patient access to health care. This is not only detrimental to individual members of the public but is also a problem for the entire healthcare system. Market conditions in the pharmaceutical industry as well as anticompetitive behavior by pharmaceutical companies can directly produce high drug prices. This Note argues that the government should go beyond the regulation of the pharmaceutical industry to lower drug costs and instead become a market player, adding competition to the generic drug market. The public manufacturing of drugs is likely an effective policy solution for the federal government or state governments to implement in addressing the multifaceted problem of rising generic drug costs. Public manufacturing avoids the most common legal challenges to state regulation and is the most direct way to improve patient access to necessary prescriptions.
Beyond Regulation: Competition in the Pharmaceutical Industry and the Public Manufacturing of Drugs,
56 Loy. L.A. L. Rev. 331
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