简明反垄断法法英文指南/赵庆庆译(27)
Q: The medication my doctor prescribed for my heart condition is available from only one manufacturer, and the price is very high. Is that a monopoly?
A: If the manufacturer achieved a monopoly by acquiring a competitor or obtaining a patent by fraud, its monopoly may be illegal. If the only reason for the lack of competition is that no one else has developed a suitable alternative medication, the monopoly probably is legal. Many pharmaceutical products are protected by patents, which give the manufacturer the right to be the only producer of the product until the patent expires. That gives the manufacturer a legally acquired monopoly during the life of the patent. The antitrust laws accommodate the goal of the patent laws to encourage innovation: They prevent other firms from reaping the benefits of the invention before the inventor is rewarded for the risk and cost of the innovation.
Often, an alternative drug, made by another company, can be prescribed for a particular condition. If those companies decided to merge, or if one tried to buy the other’s patent, that would be illegal, especially if the situation resulted in a substantial lessening of competition.
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