Capture and passive predation in times of COVID-19 pandemic

Samira Guennif ()
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Samira Guennif: Université Sorbonne Paris Nord

Public Choice, 2022, vol. 193, issue 3, No 4, 163-186

Abstract: Abstract In the midst of a health crisis, a drug in development and candidate for COVID-19 contagious disease was granted orphan-drug designation (ODD). This decision by the US Food and Drug Administration was immediately denounced as an abuse of the Orphan Drug Act (ODA). This paper outlines how this decision may be considered as the result of a complex case of capture along the regulatory process. Therefore, a case study of the remdesivir episode is conducted, combining the definition of a framework for the analysis of capture and the identification of stylized facts marking the trajectory of a repositioned drug and candidate for COVID-19. In doing so, arguments are put forward to show to what extent this granting of ODD can be described as the result of a series of captures, a case of weak capture however that calls for an amendment of the ODA to preclude drugs for contagious and communicable epidemic diseases from obtaining orphan status in the first place.

Keywords: Predation; Capture; Regulation; Rent-seeking; Orphan drug; COVID-19 (search for similar items in EconPapers)
JEL-codes: I18 K23 L12 L65 P14 (search for similar items in EconPapers)
Date: 2022
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DOI: 10.1007/s11127-022-01005-0

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