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Pharmaceutical Product Switching: Antitrust Pitfalls

Law360, New York (January 11, 2013, 12:24 PM EST) -- The terms “product switching,” “product hopping” and “line extension” are often used to describe the strategy of protecting market share by reformulating or otherwise modifying an existing branded pharmaceutical product in a manner which requires approval from the U.S. Food and Drug Administration. Under this approach a pharmaceutical company introduces a product line extension to a branded drug product before generic entry, and promotes the extension product instead of the old product. In some instances, the company also removes the old product from the market, and/or...
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