I guess you do not understand the difference between saying it’s not illegal to sell alternatives (which are legal and plentiful), and saying there is no regulations or prohibitions on sales. Maybe I can make this clearer for you. Is it legal to sell guns? Yes, it is. Despite there being regulations on which guns can be sold, and to whom they can be sold, selling guns is legal. This is not a contradiction or incorrect statement despite your ridiculous insinuation. Doubly so because, as I pointed out, there are already alternatives on the market for Epi-pens.
Agreed, but that de facto monopoly has little to do with the FDA in most cases. Again, there are multiple Epi-pen alternatives. Why can they still charge $600? Because the market is broken, because they are greedy, and most importantly, because the market can bear the price because we are a rich country and few are incentivized to lower the costs.
Again, Daraprim HAD multiple approved competitors IIRC. Most stopped making it because it wasn’t worth it.
And? I fully acknowledge this is a problem. The point though is that this has little to do with prices. Again, I can inject someone using a plain old syringe with epinephrine. Even with one competitor, the epi-pen should not have 98% of the market in a functional market.
The burden isn’t just approval. It’s going against a huge corporation that can cut prices temporarily for long enough to put you in the poorhouse. It’s going against a name brand when you are not strictly a generic version. It’s investing in something with a really uncertain return. There are so many labs, so many supply chains, so many pharmacies, etc. All of them would rather get a cut of a $600 drug from a company with deep pockets than a $100 one from a unknown company.
It’s the same game plan Apple used for a long time. Don’t want anyone copying your iphone? Buy all the screens in China, and book every boat that can get here by the holiday season. If that doesn’t work, just buy the company trying to upset steal your golden egg. Despite what you are saying, it’s not just a matter of having some competitor.
Why do you think they were able to corner the market? Say I find one of these drugs where there are around 10k scripts a year, and the drug is $5/pill. Say the current market is couple million, but demand is inelastic. Now, evil corp comes in and buys the pill, and jacks up the price to $1000/pill. Sure, it might make sense to come it and undercut this price. Let’s even say the approval times goes from around 4 years to one. By the time I get there, I cannot expect the market to remain $400 million. It, in theory, could go back to $2 million or less. The lower bound makes it not worthwhile for me. Let’s say my break even point is 20% market share of a $50 million market. Why would I invest millions to go against a company with market experience and tens of millions in profits to sink me if need be? At best, you get two companies deciding to be slightly less greedy.