The bipartisan Short on Competition Act would allow the Secretary of Health and Human Services (HHS) to grant expedited reviews and inspections, and temporary importation when there are fewer than five competitors on drugs that have been on the market for at least 10 years; The bill would also give the Food and Drug Administration (FDA) explicit authority to allow temporary importation from certain countries when the Secretary of HHS determines there is a drug shortage 

The Short on Competition Act could address instances of drug companies dramatically increasing prices for older drugs, such as Turing’s Daraprim and Mylan’s EpiPen 

WASHINGTON, DC – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT), the ranking member and chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, have introduced legislation to increase competition in the pharmaceutical industry and lower prices for consumers. The bipartisan Short on Competition Act would allow the Secretary of Health and Human Services (HHS) to grant expedited reviews and inspections, and temporary importation when there are fewer than five competitors on drugs that have been on the market for at least 10 years. It would also give the Food and Drug Administration (FDA) explicit authority to allow temporary importation from certain countries when the Secretary of HHS determines there is a drug shortage. The Short on Competition Act could address instances of drug companies dramatically increasing prices for older drugs, such as Turing’s Daraprim 5,000% price increase and Mylan’s EpiPen nearly 500% price increase.

“This bipartisan legislation will provide important tools to lower drug prices by prioritizing approvals and safely allowing temporary drug importation of products to address markets that lack competition,”
Klobuchar said. ‎“If drug companies think new competitors can quickly enter the market, maybe they’ll think twice before raising prices in the first place. Injecting more competition into the marketplace will lead to more affordable prescription drugs for American consumers.”

“The best way to lower prices and increase quality for any good, even health care, is competition,” Lee said. “This bill will safely increase the number of competitors for a number of high-priced products that Americans need like the EpiPen. President Trump has said that pharmaceutical companies are ‘getting away with murder’ in this country, and this bill will help the American people level the field."


To ensure safety, temporary importation can only be from certain countries with similar safety and efficacy standards as the U.S. The bill also includes a provision that allows the Secretary to deny temporary importation if there are concerns that the drug is not safe or effective.

Klobuchar has championed efforts to address the high cost of prescription drugs, authoring multiple pieces of legislation that would protect American consumers. She introduced the Medicare Prescription Drug Price Negotiation Act, which would allow for Medicare to negotiate the best possible price of prescription drugs. Klobuchar joined with Senators Grassley, Patrick Leahy (D-VT), and Mike Lee (R-UT) to introduce the Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act to deter pharmaceutical companies from blocking cheaper generic alternatives from entering the marketplace. She has also introduced the Preserve Access to Affordable Generics Act with Senator Chuck Grassley (R-IA) to expand consumers’ access to the cost-saving generic drugs they need and increase competition between drug manufacturers by helping to end “pay for delay” deals—the practice of brand-name drug manufacturers using anti-competitive pay-off agreements to keep more affordable generic equivalents off the market. In addition, Klobuchar introduced the Safe and Affordable Drugs from Canada Act with Senator John McCain (R-AZ) that would require the Food and Drug Administration to establish a personal importation program that would allow individuals to import a 90-day supply of prescription drugs from an approved Canadian pharmacy.

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