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	<title>
	Comments on: Yes, that $750 generic pill is a pure artifact of regulation	</title>
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	<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Wed, 28 Oct 2015 04:15:44 +0000</lastBuildDate>
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		<title>
		By: October 28 roundup - Overlawyered		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-329061</link>

		<dc:creator><![CDATA[October 28 roundup - Overlawyered]]></dc:creator>
		<pubDate>Wed, 28 Oct 2015 04:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-329061</guid>

					<description><![CDATA[[&#8230;] $750 generic pill, it might be on the way to generating a $1 alternative [Bonnie Kristian/Rare, my earlier take] Still, it&#8217;s a little more complicated than that, as Alex Tabarrok [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] $750 generic pill, it might be on the way to generating a $1 alternative [Bonnie Kristian/Rare, my earlier take] Still, it&#8217;s a little more complicated than that, as Alex Tabarrok [&#8230;]</p>
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		<title>
		By: Medical roundup - Overlawyered		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-328212</link>

		<dc:creator><![CDATA[Medical roundup - Overlawyered]]></dc:creator>
		<pubDate>Mon, 12 Oct 2015 04:30:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-328212</guid>

					<description><![CDATA[[&#8230;] on the Daraprim episode and the fiasco of FDA generic-drug regulation [Watchdog, earlier here and here] More: Ira Stoll/N.Y. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] on the Daraprim episode and the fiasco of FDA generic-drug regulation [Watchdog, earlier here and here] More: Ira Stoll/N.Y. [&#8230;]</p>
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		<title>
		By: CarLitGuy		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-328042</link>

		<dc:creator><![CDATA[CarLitGuy]]></dc:creator>
		<pubDate>Tue, 06 Oct 2015 23:55:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-328042</guid>

					<description><![CDATA[Yes, since its gov&#039;t regulation that closes our borders off to off-shore mfgs, absent lengthy and (in the case of low volume generic/off-patent drugs) prohibitively expensive testing regimes which require the tacit cooperation of the company you intend to compete against in order to be successful.  AND since its gov&#039;t regulation that gives companies monopolistic protection for lengthy periods on-patent, allow patent extensions for flimsy reasons (in addition to writing on paper, we&#039;ve just discovered that our patented medicine &quot;pencil&quot; also writes on cardstock - please extend our patent), and allows exclusive distribution rights for some off-patent medications.

The first step is admitting the gov&#039;t made a mistake, then going back and adjusting the legislative incentives and penalties to drive new (and hopefully, preferred) behaviors.  That&#039;s not to celebrate the companies who, perfectly legally, engaged in some of the most morally repugnant examples of crony capitalism in recent history - but it is more effective long term than sternly worded moral reproach and 15 days of infamy on Facebook.

The legislators responsible pander to the mob with their public shaming of a few egregious examples, all the while pretending they didn&#039;t benefit from or help create the situation in the first place.  That&#039;s either an admission of incompetence on their part in the drafting, or a wink and a nod while lining their pockets.  Either, I feel, is a valid basis to vote someone else into their chair, assuming there is some better candidate available, but at some point, I&#039;m willing to take my chances with an unknown instead of continuing the corruption.]]></description>
			<content:encoded><![CDATA[<p>Yes, since its gov&#8217;t regulation that closes our borders off to off-shore mfgs, absent lengthy and (in the case of low volume generic/off-patent drugs) prohibitively expensive testing regimes which require the tacit cooperation of the company you intend to compete against in order to be successful.  AND since its gov&#8217;t regulation that gives companies monopolistic protection for lengthy periods on-patent, allow patent extensions for flimsy reasons (in addition to writing on paper, we&#8217;ve just discovered that our patented medicine &#8220;pencil&#8221; also writes on cardstock &#8211; please extend our patent), and allows exclusive distribution rights for some off-patent medications.</p>
<p>The first step is admitting the gov&#8217;t made a mistake, then going back and adjusting the legislative incentives and penalties to drive new (and hopefully, preferred) behaviors.  That&#8217;s not to celebrate the companies who, perfectly legally, engaged in some of the most morally repugnant examples of crony capitalism in recent history &#8211; but it is more effective long term than sternly worded moral reproach and 15 days of infamy on Facebook.</p>
<p>The legislators responsible pander to the mob with their public shaming of a few egregious examples, all the while pretending they didn&#8217;t benefit from or help create the situation in the first place.  That&#8217;s either an admission of incompetence on their part in the drafting, or a wink and a nod while lining their pockets.  Either, I feel, is a valid basis to vote someone else into their chair, assuming there is some better candidate available, but at some point, I&#8217;m willing to take my chances with an unknown instead of continuing the corruption.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-328041</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 06 Oct 2015 23:43:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-328041</guid>

					<description><![CDATA[&quot; Why not blame the monopoly minded “Free Enterprisers” who are primarily responsible?&quot;

Because they are not primarily responsible.  Your suggestion that the FDA is somehow an unwitting participant in this is outright laughable.  The FDA created the regulations which makes obtaining a monopoly on an off patent drug possible in the first place. 

The monopoly could not be either created or sustained without the actions of the FDA.

Also, calling the monopoly minded &quot;Free Enterprisers&quot; is just plain ignorant.]]></description>
			<content:encoded><![CDATA[<p>&#8221; Why not blame the monopoly minded “Free Enterprisers” who are primarily responsible?&#8221;</p>
<p>Because they are not primarily responsible.  Your suggestion that the FDA is somehow an unwitting participant in this is outright laughable.  The FDA created the regulations which makes obtaining a monopoly on an off patent drug possible in the first place. </p>
<p>The monopoly could not be either created or sustained without the actions of the FDA.</p>
<p>Also, calling the monopoly minded &#8220;Free Enterprisers&#8221; is just plain ignorant.</p>
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		<title>
		By: Piaggio		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-328039</link>

		<dc:creator><![CDATA[Piaggio]]></dc:creator>
		<pubDate>Tue, 06 Oct 2015 22:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-328039</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327815&quot;&gt;NavyWings&lt;/a&gt;.

Indeed, an ass he is. But that is not the point. There are several instances where perverse incentives created by terrible laws bring out the worst in people. One example that always comes to mind (not trying to compare the two situations, just drawing a parallel) is the illegality of drugs. Can anyone defend drug lords who order the murder of people willy nilly? of course not. That does not change the fact that the violent drug lord would most likely not exist at all if drugs were not illegal in the first place, and that is why many people do not focus on the crimes of an individual monster, but instead on how the broken system lends itself to the worst individuals in society. So yes, Shkreli deserves all the rage coming to him. However, it is sad that most of that rage is also directed at a &quot;broken free market system&quot; and the &quot;greed&quot; of pharmaceutical companies. This wouldn&#039;t be happening if it weren&#039;t for some seriously questionable policies that have nothing to do with free markets.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327815">NavyWings</a>.</p>
<p>Indeed, an ass he is. But that is not the point. There are several instances where perverse incentives created by terrible laws bring out the worst in people. One example that always comes to mind (not trying to compare the two situations, just drawing a parallel) is the illegality of drugs. Can anyone defend drug lords who order the murder of people willy nilly? of course not. That does not change the fact that the violent drug lord would most likely not exist at all if drugs were not illegal in the first place, and that is why many people do not focus on the crimes of an individual monster, but instead on how the broken system lends itself to the worst individuals in society. So yes, Shkreli deserves all the rage coming to him. However, it is sad that most of that rage is also directed at a &#8220;broken free market system&#8221; and the &#8220;greed&#8221; of pharmaceutical companies. This wouldn&#8217;t be happening if it weren&#8217;t for some seriously questionable policies that have nothing to do with free markets.</p>
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		<title>
		By: shawn disney		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-328038</link>

		<dc:creator><![CDATA[shawn disney]]></dc:creator>
		<pubDate>Tue, 06 Oct 2015 22:04:50 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-328038</guid>

					<description><![CDATA[So, the companies have managed to make the FDA their unwitting associate in fleecing the Public, and people are blaming GOVERNMENT  Reguation for this?!  Why not blame the monopoly minded &quot;Free Enterprisers&quot; who are primarily responsible?]]></description>
			<content:encoded><![CDATA[<p>So, the companies have managed to make the FDA their unwitting associate in fleecing the Public, and people are blaming GOVERNMENT  Reguation for this?!  Why not blame the monopoly minded &#8220;Free Enterprisers&#8221; who are primarily responsible?</p>
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		<title>
		By: Bryan Caplan vs. &#34;Scott Alexander&#34; on labor economics - Overlawyered		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327927</link>

		<dc:creator><![CDATA[Bryan Caplan vs. &#34;Scott Alexander&#34; on labor economics - Overlawyered]]></dc:creator>
		<pubDate>Sat, 03 Oct 2015 15:45:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-327927</guid>

					<description><![CDATA[[&#8230;] A rejoinder worth reading on labor markets by George Mason economist Bryan Caplan to the pseudonymous &#8220;Scott Alexander,&#8221; who writes the popular Slate Star Codex blog [Caplan first, second, third posts, all responding to this critique-of-libertarianism FAQ] If you don&#8217;t read Alexander, some of his top posts are here (especially strong on questions of medicine/health care and the way social justice language has developed into a tool of power). Also check out his recent post on the Daraprim mess and the wider failure of generic drug regulation [earlier on which]. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] A rejoinder worth reading on labor markets by George Mason economist Bryan Caplan to the pseudonymous &#8220;Scott Alexander,&#8221; who writes the popular Slate Star Codex blog [Caplan first, second, third posts, all responding to this critique-of-libertarianism FAQ] If you don&#8217;t read Alexander, some of his top posts are here (especially strong on questions of medicine/health care and the way social justice language has developed into a tool of power). Also check out his recent post on the Daraprim mess and the wider failure of generic drug regulation [earlier on which]. [&#8230;]</p>
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		<title>
		By: JohnnyMo		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327874</link>

		<dc:creator><![CDATA[JohnnyMo]]></dc:creator>
		<pubDate>Thu, 01 Oct 2015 22:06:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-327874</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327815&quot;&gt;NavyWings&lt;/a&gt;.

I don&#039;t think anyone&#039;s out to defend Shkreli here.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327815">NavyWings</a>.</p>
<p>I don&#8217;t think anyone&#8217;s out to defend Shkreli here.</p>
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		<title>
		By: About That Pharmaceutical Guy Who Raised The Price Of A Drug By An Order Of Magnitude &#124; Tai-Chi Policy		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327868</link>

		<dc:creator><![CDATA[About That Pharmaceutical Guy Who Raised The Price Of A Drug By An Order Of Magnitude &#124; Tai-Chi Policy]]></dc:creator>
		<pubDate>Thu, 01 Oct 2015 18:10:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-327868</guid>

					<description><![CDATA[[&#8230;] He couldn&#8217;t do it if our drug regulations weren&#8217;t so screwed up. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] He couldn&#8217;t do it if our drug regulations weren&#8217;t so screwed up. [&#8230;]</p>
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		<title>
		By: If you think it’s wrong to charge $750 for AIDS drug, blame health care regulations - Watchdog.org		</title>
		<link>https://www.overlawyered.com/2015/09/yes-that-750-generic-pill-is-a-pure-artifact-of-regulation/comment-page-1/#comment-327857</link>

		<dc:creator><![CDATA[If you think it’s wrong to charge $750 for AIDS drug, blame health care regulations - Watchdog.org]]></dc:creator>
		<pubDate>Thu, 01 Oct 2015 12:46:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55475#comment-327857</guid>

					<description><![CDATA[[&#8230;] is the FDA to blame? As Walter Olsen of the Cato Institute explains, federal regulations that prevent competition between drug companies are what really allowed Shkreli [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] is the FDA to blame? As Walter Olsen of the Cato Institute explains, federal regulations that prevent competition between drug companies are what really allowed Shkreli [&#8230;]</p>
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