Actually I think point #1 reduces competition and encourages monosopnies, at least under our current situation where there are only a few major insurers. B2B market competition is probably even more important for prescription drugs than consumer market competition given the nature of medicine. That law effectively eliminates the government from engaging in competitive market practices (in other words, this gives pharmaceuticals a very large source of funds from a major purchaser of pharmaceuticals whose hands are effectively tied when it comes to both price and choice). IMHO this probably has done a lot to increase the price of prescriptions over the years. If private insurance was a highly competitive market, perhaps things would be different, but it's not.
The problem with #2 is that it creates artificial scarcity. In this case, there is plenty of justification as you don't want shady medicine on the market. The question is whether the FDA is being overcautious with generics and imports. As of now there's certainly plenty of people illegally importing prescription medicine from offshore pharmacies in an unregulated manner, because prescription prices are so inflated compared to most countries.
Lobbying does not produce some of the outright corruption that bribery does, but I've seen more than my fair share of lobbying encouraged laws in the US over the years where a subtext of the law was to eliminate competition. I'm not sure how much of current drug law is pharmaceutical industry influence (my gut feel is some but not all) but some of it definitely, for good reasons or not, blocks up the "invisible hand" of competitive forces.
At least the good thing about a system like the US (vs. the Russian example) is that there's some hope that public outrage over the most egregious examples (your Martin Shkrelis and whatnot) will cause some changes.
The problem with #2 is that it creates artificial scarcity. In this case, there is plenty of justification as you don't want shady medicine on the market. The question is whether the FDA is being overcautious with generics and imports. As of now there's certainly plenty of people illegally importing prescription medicine from offshore pharmacies in an unregulated manner, because prescription prices are so inflated compared to most countries.
Lobbying does not produce some of the outright corruption that bribery does, but I've seen more than my fair share of lobbying encouraged laws in the US over the years where a subtext of the law was to eliminate competition. I'm not sure how much of current drug law is pharmaceutical industry influence (my gut feel is some but not all) but some of it definitely, for good reasons or not, blocks up the "invisible hand" of competitive forces.
At least the good thing about a system like the US (vs. the Russian example) is that there's some hope that public outrage over the most egregious examples (your Martin Shkrelis and whatnot) will cause some changes.