Even if the petition is ultimately denied, the delay can preserve the brand's monopoly for months, translating into significant additional revenue. 3. Legislative Countermeasures
Allows the FDA to summarily deny petitions that are deemed to be submitted solely for the purpose of delay. 4. Current State of Play 06C1C8EE-6564-46FE-9989-DBF4FBF086FE_1531776 - ...
The core issue discussed in the SSRN study (ID 1531776) is whether brand-name manufacturers use these filings strategically. Even if the petition is ultimately denied, the
The Federal Trade Commission (FTC) continues to monitor this area for antitrust violations. While many petitions raise legitimate scientific concerns, the debate remains: how to balance the right to petition the government with the need for competitive, affordable healthcare markets. 06C1C8EE-6564-46FE-9989-DBF4FBF086FE_1531776 - ...
By filing a petition shortly before a generic's expected approval, a manufacturer can force the FDA to spend time and resources reviewing the claim.