Parallel Importation as a Perversion of Free Trade
by Richard Epstein on 07/09/2003
2 Pages
In the debate of legalizing the reimportation of prescription drugs into the U.S., some advocates claim that reimportation is a free trade issue, and that attempts to prevent reimportation are barriers against free trade. But manufacturers of such goods must preserve their ability to price discriminate, according to Dr. Richard Epstein. Price discrimination allows the "low demanders" to participate in the market. The result of large scale reimportation would be to restrict needed sales of drugs overseas, and would sap the incentive to innovate new products. Imposing statutory restrictions on reimportation is an effective substitute for a valid, if ineffective, contractual restraint on alienation that makes sense in light of the basic domestic decision to grant the full patent monopoly.
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