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Published on: August 11, 2017
Challenges with Defining Pharmaceutical Markets and Potential Remedies to Screen for Industry Consolidation
Robin Feldman1, Brent D Fulton2, Jamie R Godwin3
1University of California, Hastings College of the Law.
Pharmaceutical merger and acquisition activity consistently reduces innovation and harms public health. Current market definitions and regulatory tools like the Herfindahl-Hirschman Index (HHI) are inadequate for evaluating these complex consolidations.
Area of Science:
- Health Economics
- Pharmaceutical Policy
- Antitrust Law
Background:
- The pharmaceutical industry has experienced significant merger and acquisition (M&A) activity, indicating a third wave of consolidation.
- This consolidation trend raises concerns about its impact on market competition and innovation.
Purpose of the Study:
- To examine the effects of pharmaceutical M&A on competition and innovation.
- To explore how industry-specific attributes complicate M&A regulation.
- To identify potential improvements in evaluating pharmaceutical mergers.
Main Methods:
- Comprehensive review of 168 economic, legal, medical, industry, and government sources.
- Analysis of market definition challenges in the pharmaceutical sector.
- Evaluation of the limitations of the Herfindahl-Hirschman Index (HHI) in this context.
Main Results:
- Pharmaceutical consolidation consistently reduces innovation and negatively impacts the public good.
- Limited consumer choice and unique market structures complicate standard market definition methods.
- Factors like volume bargaining and common ownership by asset managers distort M&A evaluations.
- The Herfindahl-Hirschman Index (HHI) may rely on flawed market definitions and fail to predict future market share implications.
Conclusions:
- Proposes methods to enhance pharmaceutical market definition for M&A review.
- Suggests quantitative adjustments to the HHI to address common ownership issues.
- Identifies key areas for future research in pharmaceutical M&A regulation.
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