A five-decade consensus on the objectives of antitrust law is under threat today from the extraordinarily divisive politics of contemporary America. It took a long time and sordid episodes to get the politics out of antitrust—it would be a shame to go backwards and politicize competition policy again.
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By harnessing the business incentives of generic drug firms to limit the anticompetitive power of branded pharmaceutical patent holders, the CREATES Act represents a straight-forward solution to a market failure created by exploitation of legal loopholes in drug industry regulation. It is a remedy that should be strongly supported by the White House and enacted by the new Congress.
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