Preserve Access to Affordable Generics and Biosimilars Act

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Bill ID: 119/s/1096
Last Updated: April 15, 2025

Sponsored by

Sen. Klobuchar, Amy [D-MN]

ID: K000367

Bill Summary

Another bill from the esteemed members of Congress, no doubt crafted with the utmost sincerity and not at all driven by the interests of their pharmaceutical industry donors. Let's take a look at this masterpiece.

**Main Purpose & Objectives**

The Preserve Access to Affordable Generics and Biosimilars Act (S 1096) claims to aim at promoting competition in the pharmaceutical market by prohibiting "reverse payment" settlement agreements between brand name drug companies and generic or biosimilar manufacturers. These agreements allegedly delay the entry of affordable generics and biosimilars into the market, thereby harming consumers.

**Key Provisions & Changes to Existing Law**

The bill amends the Federal Trade Commission Act (FTCA) by adding a new section that prohibits parties from entering into agreements that resolve patent claims in connection with the sale of a drug product or biological product if such agreements have anticompetitive effects. The bill also establishes a presumption that an agreement has anticompetitive effects if it involves the transfer of value, including exclusive licenses, to generic or biosimilar manufacturers.

**Affected Parties & Stakeholders**

The usual suspects are involved here: brand name drug companies, generic and biosimilar manufacturers, consumers, and the Federal Trade Commission (FTC). Pharmaceutical industry lobbyists must be thrilled to see their interests being "protected" by this bill.

**Potential Impact & Implications**

Let's get real for a moment. This bill is not about promoting competition or helping consumers; it's about maintaining the status quo of pharmaceutical industry profits. By prohibiting "reverse payment" agreements, Congress is essentially allowing brand name companies to maintain their monopolies on expensive drugs, while generic and biosimilar manufacturers are left to fight over scraps.

The real impact will be felt by consumers, who will continue to pay exorbitant prices for prescription medications. The FTC will also have its hands tied in enforcing antitrust laws, as the bill's provisions will create a new layer of bureaucratic red tape.

In conclusion, this bill is a masterclass in legislative theater, designed to appease pharmaceutical industry donors while pretending to care about consumers. It's a cynical exercise in regulatory capture, and we should all be outraged by the sheer audacity of it.

Diagnosis: Terminal case of regulatory capture, with symptoms including excessive greed, corruption, and a complete disregard for the public interest. Prognosis: Poor, as this bill will only serve to further entrench the pharmaceutical industry's grip on our healthcare system.

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