IDEAS home Printed from https://ideas.repec.org/a/eee/indorg/v67y2019ics0167718719300542.html
   My bibliography  Save this article

Pay-for-delay patent settlement, generic entry and welfare

Author

Listed:
  • Ding, Yucheng
  • Zhao, Xin

Abstract

“Pay-for-delay” settlement (P4D), in which the brand patentee reversely pays the generic infringer to delay market entry, is typically criticized for blocking competition but is often excused for its potential to maintain innovation. We present a game-theoretic model to show that when the generic firm’s entry decision is endogenized, P4D can actually increase ex post competition under certain conditions. We further explore the impact of P4D on ex ante innovation and find that the brand’s innovation incentive may increase or decrease, depending on the generic firm’s entry cost and other factors. Our findings contribute to the ongoing P4D debate by identifying conditions under which (1) P4D can improve consumer surplus and (2) the trade-off between competition and innovation can be reconciled.

Suggested Citation

  • Ding, Yucheng & Zhao, Xin, 2019. "Pay-for-delay patent settlement, generic entry and welfare," International Journal of Industrial Organization, Elsevier, vol. 67(C).
    • Handle: RePEc:eee:indorg:v:67:y:2019:i:c:s0167718719300542
    DOI: 10.1016/j.ijindorg.2019.102532
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0167718719300542
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.ijindorg.2019.102532?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Eric Maskin & John Riley, 2000. "Asymmetric Auctions," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 67(3), pages 413-438.
    2. Branstetter, Lee & Chatterjee, Chirantan & Higgins, Matthew J., 2022. "Generic competition and the incentives for early-stage pharmaceutical innovation," Research Policy, Elsevier, vol. 51(10).
    3. Bret M. Dickey & Daniel L. Rubinfeld, 2012. "Would The Per Se Illegal Treatment Of Reverse Payment Settlements Inhibit Generic Drug Investment?," Journal of Competition Law and Economics, Oxford University Press, vol. 8(3), pages 615-625.
    4. Susan Athey, 2002. "Monotone Comparative Statics under Uncertainty," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(1), pages 187-223.
    5. Enrico Böhme & Jonas Severin Frank & Wolfgang Kerber, 2021. "Optimal Incentives for Patent Challenges in the Pharmaceutical Industry," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 59(3), pages 503-528, November.
    6. Henry G. Grabowski & Margaret Kyle, 2007. "Generic competition and market exclusivity periods in pharmaceuticals," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 28(4-5), pages 491-502.
    7. Mark A. Lemley & Carl Shapiro, 2005. "Probabilistic Patents," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 75-98, Spring.
    8. van Dijk, Theon, 1996. "Patent Height and Competition in Product Improvements," Journal of Industrial Economics, Wiley Blackwell, vol. 44(2), pages 151-167, June.
    9. Lebrun, Bernard, 1998. "Comparative Statics in First Price Auctions," Games and Economic Behavior, Elsevier, vol. 25(1), pages 97-110, October.
    10. Keith M. Drake & Martha A. Starr & Thomas McGuire, 2014. "Do "Reverse Payment" Settlements of Brand-Generic Patent Disputes in the Pharmaceutical Industry Constitute an Anticompetitive Pay for Delay?," NBER Working Papers 20292, National Bureau of Economic Research, Inc.
    11. Hemphill, C. Scott & Sampat, Bhaven N., 2012. "Evergreening, patent challenges, and effective market life in pharmaceuticals," Journal of Health Economics, Elsevier, vol. 31(2), pages 327-339.
    12. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Manganelli, Anton-Giulio, 2023. "Pay-for-delay settlements and patent expansion practices," Information Economics and Policy, Elsevier, vol. 64(C).
    2. Henry Grabowski & Carlos Brain & Anna Taub & Rahul Guha, 2017. "Pharmaceutical Patent Challenges: Company Strategies and Litigation Outcomes," American Journal of Health Economics, MIT Press, vol. 3(1), pages 33-59, Winter.
    3. Eric Helland & Seth A. Seabury, 2016. "Are Settlements in Patent Litigation Collusive? Evidence from Paragraph IV Challenges," NBER Working Papers 22194, National Bureau of Economic Research, Inc.
    4. Ed Hopkins & Tatiana Kornienko, 2004. "Non-Monotone Comparative Statics in Games of Incomplete Information," Edinburgh School of Economics Discussion Paper Series 122, Edinburgh School of Economics, University of Edinburgh.
    5. Rasmus Arler Bogetoft & Peter Bogetoft, 2022. "Market entrance, patents, and preliminary injunctions: a model of pharmaceutical patent litigation," European Journal of Law and Economics, Springer, vol. 53(3), pages 379-423, June.
    6. Ed Hopkins & Tatiana Kornienko, 2007. "Cross and Double Cross: Comparative Statics in First Price Auctions," Levine's Bibliography 321307000000000831, UCLA Department of Economics.
    7. Matthew J. Higgins & Mathias J. Kronlund & Ji Min Park & Joshua Pollet, 2020. "The Role of Assets In Place: Loss of Market Exclusivity and Investment," NBER Working Papers 27588, National Bureau of Economic Research, Inc.
    8. Anton‐Giulio Manganelli, 2021. "Reverse payments, patent strength, and asymmetric information," Health Economics, John Wiley & Sons, Ltd., vol. 30(1), pages 20-35, January.
    9. Branstetter, Lee & Chatterjee, Chirantan & Higgins, Matthew J., 2022. "Generic competition and the incentives for early-stage pharmaceutical innovation," Research Policy, Elsevier, vol. 51(10).
    10. Walter Beckert & Paolo Siciliani, 2018. "Protecting Vulnerable Consumers in "Switching Markets"," Birkbeck Working Papers in Economics and Finance 1808, Birkbeck, Department of Economics, Mathematics & Statistics.
    11. Eric Budish & Benjamin Roin & Heidi Williams, 2013. "Do fixed patent terms distort innovation? Evidence from cancer clinical trials," Discussion Papers 13-001, Stanford Institute for Economic Policy Research.
    12. de Castro, Luciano I. & de Frutos, María-Angeles, 2010. "How to translate results from auctions to procurements," Economics Letters, Elsevier, vol. 106(2), pages 115-118, February.
    13. Bagwell Kyle & Lee Gea M, 2010. "Advertising Competition in Retail Markets," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 10(1), pages 1-38, August.
    14. Enrico Böhme & Jonas Severin Frank & Wolfgang Kerber, 2021. "Optimal Incentives for Patent Challenges in the Pharmaceutical Industry," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 59(3), pages 503-528, November.
    15. Timothy P. Hubbard & Rene Kirkegaard, 2015. "Asymmetric Auctions with More Than Two Bidders," Working Papers 1502, University of Guelph, Department of Economics and Finance.
    16. Todd R. Kaplan & Shmuel Zamir, 2006. "Asymmetric Auctions: Analytic Solutions to the General Uniform Case," Levine's Bibliography 321307000000000410, UCLA Department of Economics.
    17. Heikkilä, Jussi & Peltoniemi, Mirva, 2019. "Great expectations: Learning the boundaries of design rights," Research Policy, Elsevier, vol. 48(9), pages 1-1.
    18. Lagerlof, Johan, 2012. "Does Cost Uncertainty in the Bertrand Model Soften Competition?," CEPR Discussion Papers 8817, C.E.P.R. Discussion Papers.
    19. Bar, Talia & Kalinowski, Jesse, 2019. "Patent validity and the timing of settlements," International Journal of Industrial Organization, Elsevier, vol. 67(C).
    20. Kirkegaard, René, 2009. "Asymmetric first price auctions," Journal of Economic Theory, Elsevier, vol. 144(4), pages 1617-1635, July.

    More about this item

    Keywords

    Pay-for-delay settlement; Generic entry; Pharmaceutical competition; Innovation;
    All these keywords.

    JEL classification:

    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health
    • I11 - Health, Education, and Welfare - - Health - - - Analysis of Health Care Markets
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:indorg:v:67:y:2019:i:c:s0167718719300542. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/inca/505551 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.