Oh Canada!: Antitrust Geographic Market Definition and the Reimportation of Prescription Drugs
Bibliographic record
Abstract
In recent years, public attention has focused on the need for affordable prescription drugs. Although Congress has recently enacted a Medicare Prescription Drug Plan, many private citizens and state and local governments continue to reimport prescription drugs from Canada to take advantage of the lower drug prices available in Canada. Many pharmaceutical companies have responded to this phenomenon by cutting off supplies of their drugs to Canadian pharmacies engaging in reituportation. As a result, some state and local governments have initiated litigation alleging state antitrust violations. This Note addresses one of the first questions raised in U.S. antitrust litigation under the Rule of Reason—the definition of the geographic market. First, this Note surveys the current caselaw standard and the academic approaches to geographic market definition. This Note then applies these approaches, concluding that Canada may be included in any geographic market when addressing the legality of reimportation in an antitrust context.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.013 | 0.013 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.008 | 0.006 |
| Insufficient payload (model declined to judge) | 0.006 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".