Exploitation and Antidotes: A Corporate Law-Based Approach to Overmarketing and Overpricing by Big Pharma

By Theresa A. Gabaldon


This article identifies prescription drug and marketing practices as problematic.  It then seeks to establish that the problems identified are the perfectly predictable consequence of corporate law functioning as usual in a context in which consumers have little to no choice. It proposes possible corporate law solutions and assesses them from the theoretical perspectives of a number of schools of legal thought. The article ultimately concludes that, although no solution is fully satisfying, the moderate steps suggested—involving director mindfulness and permitting shareholders to express themselves—are worth taking.