California 2019-2020 Regular Session

California Assembly Bill AB824

Introduced
2/20/19  
Refer
3/4/19  
Refer
3/4/19  
Report Pass
3/27/19  
Report Pass
3/27/19  
Refer
3/27/19  
Refer
3/27/19  
Report Pass
4/9/19  
Refer
4/11/19  
Refer
4/11/19  
Refer
4/24/19  
Report Pass
5/16/19  
Report Pass
5/16/19  
Engrossed
5/24/19  
Refer
5/24/19  
Refer
6/6/19  
Refer
6/6/19  
Report Pass
6/17/19  
Report Pass
6/17/19  
Refer
6/17/19  
Report Pass
7/5/19  
Report Pass
7/5/19  
Refer
7/5/19  
Refer
7/5/19  
Report Pass
7/10/19  
Refer
7/11/19  
Refer
8/12/19  
Refer
8/12/19  
Report Pass
9/3/19  
Report Pass
9/3/19  
Enrolled
9/12/19  
Enrolled
9/12/19  
Chaptered
10/7/19  
Chaptered
10/7/19  
Passed
10/7/19  

Caption

Business: preserving access to affordable drugs.

Impact

The legislation modifies existing antitrust laws in California, specifically addressing agreements tied to drug patents under the Cartwright Act and the Unfair Practices Act. It includes mechanisms for the Attorney General to impose civil penalties for violations, which could result in substantial fines based on the severity of noncompliance. Additionally, this law aims to enhance the enforcement of competition laws by making it easier to challenge potentially harmful agreements that may delay the introduction of affordable pharmaceuticals into the market.

Summary

Assembly Bill 824, titled 'Business: preserving access to affordable drugs', aims to regulate agreements related to patent infringement in the pharmaceutical industry. The bill presumes that agreements made to resolve patent infringement claims will have anticompetitive effects if certain conditions are met, particularly if a nonreference drug filer receives something of value and agrees to limit its activities. This presumption is a significant shift intended to foster competition in the drug market by scrutinizing practices that could hinder market entry for generic drugs.

Sentiment

Initial sentiment surrounding AB 824 has largely been supportive among consumer advocacy groups and legislators focused on healthcare access, who view the bill as a critical step towards reducing drug prices and promoting market fairness. However, there are concerns from pharmaceutical companies about the implications of the expanded regulatory scrutiny. Some industry representatives argue that the restrictions could stifle innovation and discourage investment in new products, highlighting a dichotomy between public health interests and business operations.

Contention

Notable points of contention include the bill's presumption of anticompetitive effects on patent settlement agreements, which could be seen as an infringement on the rights of companies to negotiate settlements. Furthermore, the potential for civil penalties raises questions about legal liability and how aggressively companies will pursue patent resolutions in the fear of punitive repercussions. The balance between fostering competition and ensuring robust business operations presents an ongoing debate for stakeholders across the spectrum.

Companion Bills

No companion bills found.

Previously Filed As

CA AB39

Digital financial asset businesses: regulatory oversight.

CA AB747

Business: unlawful employee contracts and requirements.

CA SB621

Health care coverage: biosimilar drugs.

CA AB2030

Public contracts: small business participation.

CA AB1934

Digital financial asset businesses.

CA SB1154

California Preventing Algorithmic Collusion Act of 2024.

CA AB812

Housing development approvals: reserving affordable units in or near a cultural district for artists.

CA SB390

Voluntary carbon offsets: business regulation.

CA SB477

Accessory dwelling units.

CA AB2262

Small business.

Similar Bills

CT HB06619

An Act Concerning Prohibiting Pay For Delay.

RI H5913

Provides that an agreement resolving a patent infringement claim, in connection with the sale of a pharmaceutical product, is to be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value.

CT SB00251

An Act Concerning The Availability Of Generic Pharmaceuticals.

CT SB00269

An Act Concerning The Availability Of Generic Pharmaceuticals.

NY A08576

Relates to preserving access to affordable drugs; provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer's product for any period of time.

US SB1096

Preserve Access to Affordable Generics and Biosimilars Act

US SB142

Preserve Access to Affordable Generics and Biosimilars Act

US HB6275

Protecting Consumer Access to Generic Drugs Act of 2023