Connecticut 2017 Regular Session

Connecticut Senate Bill SB00442

Introduced
1/19/17  
Introduced
1/19/17  
Refer
1/19/17  
Refer
1/19/17  
Refer
3/24/17  
Report Pass
3/27/17  
Refer
4/7/17  
Report Pass
4/13/17  
Refer
5/3/17  
Report Pass
5/9/17  
Report Pass
5/9/17  
Report Pass
5/10/17  

Caption

An Act Clarifying The Right To Enforce Antitrust Laws.

Impact

This legislation is poised to modify how antitrust cases are handled in the context of pharmaceuticals. By allowing defendants a pathway to demonstrate the pass-through of overcharges, the bill may affect the dynamics of antitrust litigation in Connecticut. The implications could lead to a broader interpretation of liability in cases involving drug pricing, thus shaping the responsibilities of entities within the pharmaceutical distribution chain. Overall, the bill impacts antitrust laws enacted at the state level, providing greater protections for defendants against claims of inflated pricing.

Summary

SB00442, known as the Act Clarifying the Right to Enforce Antitrust Laws, aims to enhance the enforcement of antitrust regulations regarding pharmaceuticals and medical devices. The bill clarifies the defenses available to defendants in antitrust actions, particularly those involving pricing disputes over drugs and devices. Specifically, it allows defendants to prove that any alleged overcharge was ultimately passed on within the distribution chain, offering a clear mechanism to mitigate potential duplicative liability for price increases.

Sentiment

The sentiment surrounding SB00442 indicates a generally favorable view among legislators, reflecting broad support in its passage through committee votes. However, stakeholders in the pharmaceutical industry express mixed feelings, as while some welcome the clarity it brings to antitrust defenses, others may view it as a potential loophole that could undermine the enforcement of fair pricing practices. This split creates a nuanced debate about balancing business protections and consumer rights within the pharmaceutical market.

Contention

Notably, the bill introduces contention surrounding its interpretation and the potential implications for consumer pricing. Critics argue that by allowing defendants to shift their liability onto other entities within the supply chain, it may inadvertently create incentives for price increases and reduced accountability. Proponents counter that it prevents unjust penalties for businesses that are not directly responsible for pricing issues. The ongoing discussions highlight the complexity of antitrust laws and the critical need for clarity in enforcement to protect consumers while ensuring fair business practices.

Companion Bills

No companion bills found.

Previously Filed As

CT SB00421

An Act Concerning Law Enforcement Recruitment And Retention.

CT HB05090

An Act Concerning Funding For Training Law Enforcement Officers.

CT SB00001

An Act Concerning The Health And Safety Of Connecticut Residents.

CT SB00008

An Act Concerning Drug Affordability.

CT SB00002

An Act Concerning Artificial Intelligence.

CT SB00003

An Act Concerning Consumer Protection.

CT SB00005

An Act Concerning School Resources.

CT SB00007

An Act Concerning Connecticut Paid Sick Days.

CT SB00006

An Act Concerning Housing.

CT SB00004

An Act Concerning Victims Of Domestic Violence, The Unsolicited Transmission Of Intimate Images By Means Of An Electronic Communication Device And The Impermissible Use Of Nondisclosure Agreements In The Workplace.

Similar Bills

No similar bills found.