7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Pharmaceutical High Profits: Languaged Ideology or the Cost of R&D? Janet Spitz PhD Associate Professor School of Business The College of St. Rose 432 Western Ave. Albany NY 12203 (518) 454-2032 spitzj@strose.edu Mark Wickham CEO Lakeview Mental Health Services Geneva, NY July 15, 2007 Contact first author at the School of Business, College of St. Rose, Albany NY 12203, spitzj@strose.edu (518) 454-2032. The authors gratefully acknowledge support for this research from The College of Saint Rose. October 13-14, 2007 Rome, Italy 1 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Pharmaceutical High Profits: Languaged Ideology or the Cost of R&D? ABSTRACT Pharmaceutical firms and their supporters attribute high prescription prices to costs of researching and developing the next generation of life-saving drugs. No empirical support for that free-market claim, however, was found: pharmaceuticals enjoy profits 5 times the allindustry average while investing proportionately less in R&D than other high-R&D firms. Lack of effective opposition to pharmaceutical prices and profits appears consistent with a different view: that the phrases and imagery used by pharmaceuticals create a hegemony of meaning, tying high prescription prices to extended life, progress, efficient markets, and American freedom. We suggest that re-appropriation of that languaged context may open the bounds of what counts as knowledge and as possibility for change. ____________ Keywords: pharmaceutical drugs, free markets, language, power, subjective reality. October 13-14, 2007 Rome, Italy 2 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 1. INTRODUCTION High health care costs, including the cost of pharmaceutical products, have garnered considerable attention of late. From about 4.5% of GDP in 1950, 7% in 1970, and 12% in 1990 (Cutler, 1995), the US now spends about $2 trillion per year or a little over 16% of its GDP on health care (Freking, 2006; Borger et al, 2006); this includes 1 of every 4 federal dollars budgeted, some $.7 trillion (Hutcheson, 2006). County, state, and federal governments share, with business, the task of providing funds for such health care as these entities support, bringing those costs to the attention of taxpayers as well, if consumers’ attention were not already alerted by their own personal experience. Recent New York State analysis of county-based property tax rates, for example, indicates that Medicaid as one aspect of health care costs continues to drive this tax’s yearly increase, with counties’ share more than doubling in cost from $1.1 billion in 1993 to $2.3 billion in 2003 (Hevesi, 2005); in all, New York State spent $45.8 billion just on Medicaid in 2005 (Odato, 2006), with total health care spending much higher. Prescription drug spending helps drive these increases, in some cases more than doubling in as little as two years (Coulter, 2003). National spending on prescription drugs increased between 9.05% and 18.35% each year from 1998 to 2004, with all but one year above 13% (Strunk and Ginsburg, 2004). Pharmaceutical spending reached a 2004 retail sales total in the U. S. of $168 billion (Kaiser, 2006). Indeed, U. S. consumers spend more than half the planet’s $317 billion retail prescription drug bill (Gorman, 2004). Despite the contribution of pharmaceutical drugs to health care expenditures, we as a nation seem reluctant to place limits on profits earned by these firms; rather, we accept with an almost faith-based belief the articulated defense that high prices are necessary to offset the October 13-14, 2007 Rome, Italy 3 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 extraordinarily high cost of researching and developing the next generation of life-saving drugs, an expense well worth the cost (Cutler, 1994). Unless we as a nation choose to halt medical progress, high drug prices apparently must remain. In this paper we suggest that language in this setting becomes a conduit for ideology: words, phrases and imagery used by those working on behalf of the pharmaceutical industry in particular, and lax regulation more generally, cast prescription prices in such a way as to create meanings of lofty goals, extended life, efficient markets, and American freedom. Using a “parade of sonorous phrases” (Arnold, 1935) pharmaceutical firms, lobbyists, and generously paid friends evoke a meaning set which people in the U. S. find difficult to critically evaluate, much less to discard: that enormous pharmaceutical prices and profits are needed to research and develop the next generation of life saving drugs. This paper questions whether that scenario is indeed the case: are efficient markets actually in play such that high drug prices are needed and used for R&D? That is, do costs of pharmaceutical research and development largely use up high profits? Or are these words of justification a “speech act” (Derrida, 1977) – a deliberate extension of free market ideology to frame and bound our thoughts: that prices are determined by market forces, so that excess profit at business, consumer, and taxpayer expense is merely an appropriate (or random) market outcome? Comparing and contrasting quantitative and qualitative methodologies increases our understanding of pharmaceutical prices and profits as we seek to combine the explanatory power of both. Empirically testing the R&D – profit relation sheds lights on market outcomes. Exploring the manner in which language delineates what may then be discussed illuminates a pre-market shaping power. When that language works to reinforce and October 13-14, 2007 Rome, Italy 4 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 legitimate those market outcomes, a simultaneous exploration of both can help us to unravel the whole cloth composing the language – market mix, and potentially suggest to us an intervention mechanism by which that tenacious pattern might shift its success from pharmaceutical to societal profit. Quantitatively, using a 15 year sample of 202 publicly traded for-profit firms chosen by high net sales across 23 industry groups, firms that exhibit a wide range of R&D investments, profits and losses, we find no support for the R&D justification claim. Pharmaceutical firms enjoyed profit some five times higher than average: 13.9% during the 1988-2003 fiscal year span compared to the non-pharmaceutical industry average of 2.6%. Among R&D-intensive firms (those who spent at least 6% of their assets in R&D), pharmaceuticals were found to invest 2.22% less into R&D over the 15 year span than did the others, but still enjoyed over 4 times the non-pharmaceutical high-R&D profit average. At the same time we find returns to non-pharmaceutical health care organizations to be low, equal to the non-pharmaceutical average; this last result suggests that federal policies designed to cut costs and limit pricing in much lower-margin hospitals and other health care institutions, while sustaining full prices for pharmaceutical products, as specified in the 2003 Medicare prescription drug benefit law, are unlikely to have any significant impact on escalating health care costs. Directed language, however, emerged with strong explanatory power to shape not only our discussion of health care, but the actual operation of pharmaceutical markets as well. Integration of the approaches of language, and of free markets, into a single analysis suggests to us that the mechanism by which we may be able to end our tolerance for extraordinarily high publicly funded pharmaceutical profits is through language. Combined October 13-14, 2007 Rome, Italy 5 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 with a numerical critique, reclaiming how the health care debate is framed may enable us to imagine, define, and enact mechanisms to alter that situation for the greater public good. 2. THE THEORY AND LANGUAGE OF FREE (COMPETITIVE) MARKETS Classic economic models hold, in the general case, that free (competitive) markets generate efficient outcomes and thus lead to societal benefit. Under conditions of short-term utility, profit maximization, and complete information, multiple actors exchange goods and services at prices that reflect their fair market value (Marshall, 1890) which is to say their actual costs. With prices just covering costs, including the cost of capital, no measurable profits may be sustained. Government regulation of these markets, therefore, can only serve to restrict options and decrease value and benefits for both private firms and the consuming public: laws constrain the possible efficient outcomes of the market that would otherwise be free of interference. For this reason, non-regulated or minimally-regulated “free” markets are suggested to work best (Friedman and Friedman, 1962). This mainstream view is advanced by the Chicago School in its adherence to neoclassical economics without serious consideration of market failures or imperfect competition, a view finding fertile ground not only in international and domestic policy, (Stiglitz, 2003; Cypher, 2004) but in 7th (Chicago area) Circuit Court decisions as well (Spitz, 1998). “Free Markets” as language is compelling. The United States increasingly seeks to occupy a position of unique leadership on various fronts world-wide. One of these is ideology, where the U.S. as a nation seeks to promote and symbolize freedom. While some of our discourse reflects specific elements of freedom in such areas as politics, education, October 13-14, 2007 Rome, Italy 6 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 livelihood, and choice of domicile and locale, the semantics of free markets occupies much of our public language. Language indispensably requires the process of abstracting, simplifying, and of leaving characteristics out (Hayakawa, 1941). The ability to direct that abstraction and thus create specific context, is one form of the power to frame and thus bound peoples’ thoughts. Hayakawa argues that the repeated use of directive language can “influence and to an enormous extent control future events” (p. 103). Power “is at its most effective when least accessible to observation” (Lukes, p. 64, 2005); by the time power is visible in open struggle and conflict, it is a much watered-down version of control. In open conflict, language in its weakened state becomes merely speech, observed to be “always in some ways out of our control” (Butler, 1997 p. 15); words, phrases and even meanings become more open to re-appropriation. The hegemonic power of directive language, then, occurs in a cycle, with its most potent stage prior to open conflict: it is at this point that our common understanding of how things fit together (the language-determinant context) leads us to conceptualize elements of our lives in a patterned way. The language that bounds this pattern is the power that “determines what counts as knowledge, what kind of interpretation attains authority as the dominant interpretation” (Flyvbjerg, 1998, p. 226). It is the “network of boundaries that delimit, for all, the field of what is socially possible” (Hayward, 2000, p. 4). Social possibility, bound by language, becomes identity: the ways people act, think, feel, perceive, reason; what people value and how they define themselves all emerge from social language and action (Hayward, 2000). The social nature of language as a communicative tool between thinking people contributes to the establishment of a social October 13-14, 2007 Rome, Italy 7 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 reality, a perceived reality where the characteristics and boundaries of situations are subjectively, through interaction, determined. This is the intersubjective reality to which Berger and Luckmann (1966) refer. Language can, in the abstract, thus be argued to be a powerful dominance tool; those who control which language and language phrases are spoken prevalently, and thus how things are framed, also control what is able to be said (Derrida 1996, 1998 transl.; Lukes, 2005). In particular, because the reality of everyday life is intersubjective in character, our understanding of the world corresponds to the understanding of others so that we share a common sense (Berger and Luckmann, 1966). This understanding requires a social base with specific social processes for its maintenance, including specific language, phrases and terms, which ward against reality-disintegrating doubts. Using directive language to continuously re-construct context is one such process, while ridicule as a sanction is another: as long as we remain in the common understanding, we feel ourselves (or others suggest) that we are ridiculous when doubts about that intersubjective reality objectively arise. In crisis situations, the language of reality-confirmation becomes explicit and intensive to address any potential threat to the “official” reality, and to avoid the risk of a social construction breakdown (p.156, Berger and Luckmann, 1966). The fall of the Soviet Union presented the United States with an increasingly fierce ideology of identity as “free.” Free from what, or for what, is not entirely clear; what is central to that identity, however, is the characteristic: freedom. Under that languaged and imaged symbol, “free” and “markets” are easily bundled, and not easily sorted apart. Freedom, and free markets, become bound together in the American language in a way that leaves them value-laden, conflated and confused. Government regulation is October 13-14, 2007 Rome, Italy 8 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 redefined from constraints on market deceptions or excess (for example, the practice of intentionally avoiding contract fulfillment, manipulating stock or market prices, hiring children, paying less than the minimum wage, or conducting business in patently unsafe working conditions), constraints which many would believe to be good, to limiting individual freedom (Friedman and Friedman, 1962), which many would believe to be bad. Pharmaceutical lobbyists are quick to capitalize on this “free market” bundle, turning language-based subjective reality into tangible results. Among Washington’s wealthiest and most powerful (Saul, 2005) they are also among the most active, lobbying the Federal Trade Office over CAFTA (the Central American Free Trade Agreement) some 137 times in 2005, with pharmaceuticals Pfizer, Wyeth, and Bristol-Meyers’ lobbying agents engaging in 78 separate lobbying acts. The success of these language framework expenditures in shaping health and medical policies to reflect the dominant class has been well documented (Birn and Molina, 2005). As early as the 1950s, the pharmaceutical industry exerted its influence to frame the then-debate about substituting generics for name-brand drugs. They were successful in defining substitutions as a health hazard, rather than permitting the centrality of profits to be a discussion point, resulting in more than 40 states in the U. S. passing anti-substitution laws (Fachhinetti and Dickson, 1982). Pharmaceuticals’ efforts to establish favorable language frameworks metamorphize into profits through other mechanisms as well: plainspoken individuals representing themselves as grassroots activists testified at Senate hearings in favor of non-regulation and the continuation of high pharmaceutical prices, neglecting to mention their receipt of direct and indirect funding by pharmaceutical firms (Gerth and Stolberg, 2000). Pharmaceuticals October 13-14, 2007 Rome, Italy 9 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 provide frequent gifts, trips, and payments to physicians, clinicians, and their staff; many medical offices are in daily receipt of lunches purchased from local restaurants by pharmaceutical representatives who deliver these with drug branding stickers placed on the food wrappers (Wickham, 2006). The U.S. Government’s Federal Drug Administration, the agency charged with regulating their product, receives ½ its Drug Evaluation budget from pharmaceuticals through User Fees (Angell, 2005). In part because of these efforts, the U. S. remains the only industrialized nation in the world that lacks government drug price restraints. Other efforts emerge through the uniquely U.S. non-regulation that permits drug firms to advertise directly to consumers, unparalleled elsewhere in the industrialized world. Pharmaceutical expenditures on marketing exceeded $14 billion in 2004, most on direct marketing to health care providers (Krueger, 2005), marketing which directly influences the drugs doctors prescribe (Hollon, 2005). Considerable literature demonstrates the link between gifts to physicians and their prescribing patterns (Mansfield et al, 2005; Hollon, 2005; Watkins et al, 2003; Kusserow, 2002; Avorn, Chen and Hartley, 1982), a link openly acknowledged by the pharmaceutical industry itself (Pemberton, 2002). Direct marketing expenditures to consumers and physicians (“detailing” in pharmaceutical language) run about twice pharmaceuticals’ expenditures for R&D (Goozner, 2004). In 2004, Pfizer, GlaxoSmithKline, and Johnson & Johnson spent $16.90, $12.93, and $15.86 billion on marketing, respectively, to their investments of $7.68, 5.20, and $5.20 billion on R&D (Ismail, 2005). At the same time, less than 10% of physicians consider direct-to-consumer advertising by pharmaceuticals a positive trend in health care (Robinson, Hohmann and October 13-14, 2007 Rome, Italy 10 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Rifkin, 2004) since, objectively, decisions to advertise reflect calculations of return on investment more than an interest in public health (Lexchin and Mintzes, 2002). Finally, the pharmaceutical industry dovetails its language with those who advance this framework more generally. Murphy and Topel (2001) and Nordhaus (2002) assert that the value to current and future generations of Americans from improvements in life expectancy in recent decades has exceeded $2 trillion per year. Similarly, Newhouse (1992, p. 3) suggests that “Cost containment policies may result in welfare losses for the insured, and even increase the number of uninsured.” And Kotzian (2004) asserts that pharmaceutical R&D is dependent on drugs’ prices: high prices are used for research. Such advocates argue that the reason marketing advertising to both doctors and consumers promoting pharmaceutical use grew from $9.2 billion in 1996 to $13.8 billion in 1999, was primarily because advertising provides information people want: consumers like the fact that pharmaceutical companies are reaching out directly to them; this is not a problem for health care costs because “the growing level of competition forces drug companies to keep prices down” (Matthews, 2001). This is classic economic language, language that works to maintain free market ideology in the face of objective problems with that social construction, subjectively shared. When language frameworks bound our ability to challenge a subjective reality that increasingly mis-fits with our objective reality experience, health care is not the only arena in which explicit reality-confirmation language may be observed. We face similar difficulty finding language to discuss enormously high oil prices leading to record-breaking oil industry profits: should these be mediated, or are they merely the result of the free market? The Presidential statement, “the price is determined by the marketplace and that’s the way it October 13-14, 2007 Rome, Italy 11 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 should be” (G. W. Bush as quoted by Hunt, 2006) or a Presidential proposal to ease pollution controls in oil refining as a mechanism to decrease costs in oil production and thereby presumably to eventually moderate the price of gas, serve as a social sanction and a reprimand: it confirms and extends the intersubjective reality into one, unsupported by objective reality, in which sudden vast increases in the price of a barrel of oil are successfully tied to steady-state extraction and refining costs with associated emissions. Such language reminds us that we should feel ridiculous and inappropriate for holding objective doubts about a subjectively shared reality based on the language of free markets: free markets are good, they are part of our identity whether in health care or energy; in some subjectively shared legitimate way, excessive free market outcomes are part of the value of freedom. Reality-confirmation language is similarly specific when doubts about the price of pharmaceuticals arise. “Are there deadly or debilitating diseases that won’t be treated or cured if price controls are implemented? How many people would die for lack of a new drug that might have been developed had price controls never been adopted? …Pharmaceutical companies will spend about $22.4 billion in 2000 developing and testing new prescription drugs that relieve pain, cure disease and save lives” (Matthews, 2001).1 The Pharmaceutical Research and Manufacturers of America trade group estimates put the R&D investment at $33 billion in 2003 (PhRMA, 2004). Were that the case, surely little would be left over for profit. The language of free markets does not, however, express what is felt and known by Americans constrained to speak that tongue: “I only have one language; it is not mine” (Derrida, 1998 p.1). Because the language of free markets cannot express ideas of fairness, October 13-14, 2007 Rome, Italy 12 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 for example, or the social value that life’s necessities should be provided at an appropriately affordable price, then fairness or reasonable health care access for all of a society’s citizens cannot in this language be discussed. Because of this constraint objections to dominant policies are difficult to conceptualize and discuss; even more challenging is to articulate viable policy alternatives. 3. THE PROCESS AND FUNCTION OF MARKETS: OBJECTIVE CHALLENGES TO LANGUAGE The actual process of classic free market exchange requires large numbers of buyers, large numbers of sellers, and a full range of information easily available to all. All players in this market want to behave opportunistically (Williamson, 1975); however, that desire is presumed to be thwarted in the classic economic approach by characteristics of the free market itself. While sellers wish to maximize profit, the presence of other competing sellers prevents their setting prices that are “too high” – that is, higher than the actual cost of inputs including capital, employees, plant, property, and equipment, rolled into the summary costs of service and production; all of these are openly known. Any attempt by a seller to overcharge (ie, to make an above-average profit) is countered by a somewhat lower price offered for the same service or good by another seller, whereupon all buyers flock to the second offer. Since that second seller also makes an excess profit, a third then charges less, drawing buyers there. This process of competition on the basis of price continues until all sellers offer their services and goods at the lowest, most competitive cost-covering price, or are otherwise differentiated by quality. October 13-14, 2007 Rome, Italy 13 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 At the same time, buyers may wish to underpay, but no one will sell at that too-low price: any seller who offers services or products below their actual cost will eventually go out of business, so price floors are determined by costs of service and production. Buyers then choose the items they want at the sellers’ lowest possible price. The extent to which markets actually perform in this way is subject to much debate. Even theoretically, this scenario happens “at equilibrium” – en route to equilibrium, small temporary inefficiencies, including temporary profits, are recognized to occur. Practically, a variety of factors decrease market efficiency; among the most common of these are barriers to entry and collusion which constrain the number of sellers, work to hide information, decrease competition and create monopoly-like concentration which results in ongoing higher profits or rents. Oligopolists or monopolists can expect to extract additional profit over competitive equilibrium (Masson and Shaanan, 1984); indeed, the classic definition of monopolistic activity is “unfair competition” (Landry, 1945). In general, oligopolists are recognized to exploit the potential for “tacit collusion” in free markets: that collusion is feasible and sustainable under high entry costs, but also in some cases under free entry market conditions (MacLeod, Norman and Thisse, 1987). Sellers of prescription drugs, as a rule, are recognized by economists to behave as oligopolists (Elzinga and Mills, 1997), extracting the price obtainable in their markets without regards to actual costs. A 2002 Federal Trade Commission report documented widespread oligopolistic and anti-competitive activities within the pharmaceutical industry (FTC, 2002), while in the mid-1990s researchers documented serious principal-agent problems with high marketing-sales ratios in the pharmaceutical industry (Berndt et al, 1995). A current State Of California lawsuit against 39 drug companies for overcharging, October 13-14, 2007 Rome, Italy 14 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 citing a price to the state of $804.70 for a bottle of a generic high-blood-pressure treatment available elsewhere for $33.85, suggests that collusion remains a profitable tactic; while the case is far from settled, GlaxoSmithKline (not the maker of the medicine in question) has acknowledged that different end-users pay widely varying prices for medicines (Broder, 2005). To what extent does the pharmaceutical industry experience barriers to entry including the time and cost of bringing products to market? These costs, including patent approval, clinical trials and FDA approval, may reach $360 million for a truly innovative “new” drug (Berndt et al, 1995), although that number is hotly contested. Industry-financed studies initially claimed $114 million in 1987 dollars, later inflated to $231, $403, and then $802 million dollars including both post-approval continued clinical trials designed to boost physician utilization, and the “opportunity cost” of investing those funds elsewhere (DiMasi, Hansen and Grabowski, 2003), although what that opportunity cost might be when pharmaceuticals return five times the industry average is not clear. DiMasi, lead author of the pharmaceutical industry-financed Tufts study, later in 2003 put the cost of drug development at $897 million (Bioresearch Online, 2003). By contrast, Public Citizen arrived at the sum of $71 million per new drug, after tax, simply by dividing the total R&D industry expenditures by the number of drugs approved, over a six year period (Goozner, 2004); this average includes large industry expenditures for bringing to market the 90% of “new” pharmaceuticals virtually identical to those whose patent rights are about to expire.2 Neither estimate counts tax incentives which reimburse the pharmaceutical industry for costs of clinical trials (Angell, 2005), the inclusion of which further decrease costs. October 13-14, 2007 Rome, Italy 15 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Company-financed R&D is designed to be a profit-seeking activity (Scherer, 1983), particularly given increasingly generous copyright and patent protection legislation (Waxer and Baum, 2006), including the Hatch Waxman Act and its amendments. If these factors work to reduce the number of competing firms, and reduce access to protected profits, then the observed profitability of firms that invest heavily in R&D will be higher than the profits of firms in industries not so investing. Controversy also surrounds the benefits to pharmaceuticals of the Bayh-Dole Act, which enabled private companies to gain and keep patent rights to discoveries funded by taxpayer dollars. The National Institutes of Health spent some $22.4 billiion in 2004 in grants – not loans – to drug companies and other research organizations (Agovino, 2004) compared to some $33 billion spent on R&D by the pharmaceutical industry itself, only some of whose companies even operate in the U. S. Simple math concludes that American taxpayer investment in pharmaceutical R&D meets or exceeds that invested by American pharmaceutical firms. Through Bayh-Dole, taxpayer dollars are appropriated three times: first as direct research grants; then as claimed research expenses (for tax credit purposes); and finally as taxpayer support for pharmaceutical purchases of those same drugs through public health care expenditures. Collusion, lobbying for profit enhancing legislation, and direct marketing expense have created an industry in pharmaceuticals that is singly the most profitable in the United States: in 2002 the combined profits for the ten drug companies in the Fortune 500 at $35.9 billion were more than the profits for all the other 490 Fortune 500 business put together at $33.7 billion (AMSA, 2005). October 13-14, 2007 Rome, Italy 16 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 This situation also creates “welfare loss” – the decrease in benefit to the population from lack of competition: when firms collude, they innovate less since they have no incentive to make temporary profits from superior products, instead relying on price fixing strategies. The 90% of old drugs re-marketed under patents as new suggest that welfare loss is a very real cost in U. S. health care today. This welfare loss may be seen in expected length of life. Few Americans realize that the U. S., with apparently the best health care system, ranks either 27th (Anderson, Smith and Sidel, 2005) or 28th (Rosenberg, 2006) among countries in the world, in life expectancy at birth. In one country comparison, the British Government in 1946 enacted the National Health Services Act, followed by a United Kingdom pharmaceutical policy (Harris, 1951; Olson, 1995). Both of these restricted payments to health providers of all types at the same time that health care was to be provided to all. While market proponents claim British health care, as a result, is barely adequate, recent research reveals that while the U. S. spends about twice as much on health care as does the U. K. (Johnson and Stobbe, 2006), the U. S. population in late middle age is significantly less healthy than the equivalent British population, and these differences exist at all points of the socio-economic spectrum (Banks, Marmot, Oldfield and Smith, 2006). This last point suggests that it is not merely economic or social inequality in the U. S., giving rise to health inequality (Skinner and Zhou, 2005), that might account for our national ranking in life expectancy as 27th or 28th worldwide, but rather a tangible collusion-generated welfare loss. October 13-14, 2007 Rome, Italy 17 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 4. HYPOTHESES The quantitative and qualitative approaches suggest differing hypotheses about whether profit resulting from R&D advantage and/or collusion will be short-lived as markets move toward equilibrium. If profit is necessary to fund R&D, those profits are fully utilized. In that case, market concentration becomes only an incidental by-product and no “real” excess profits exist. Under this scenario, objective and subjective reality are the same, consumers benefit from free market exchange, and only average rates of return should be observed, after R&D expense, over time. Therefore: H1: Being a pharmaceutical firm has no effect on profit over time, controlling for investment in R&D; pharmaceutical profits will equal profits of other types of firms. Alternatively, if language is a powerfully delimiting social construction tool, then objective reality and subjective reality diverge. Although R&D is claimed to use up pharmaceutical profit in efficiently operating free markets, this is merely a speech act. In objective reality, collusion and opportunistic behavior permit pharmaceutical profits to be greater than the profits of other firms, even beyond their investment in R&D, and to the extent that the subjective-objective divide is sustained, this profit excess will endure. Therefore: October 13-14, 2007 Rome, Italy 18 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 H2: Being a pharmaceutical firm has a positive effect on profit over time, controlling for investment in R&D; pharmaceuticals make consistently higher profit than do other types of firms. 5. MODEL, SAMPLE, AND METHODS 5a. Model. The R&D justification hypothesis for pharmaceutical profit leads to the model, Profiti,t = f ( Pharmaceutical industry, R&D as a % of asset (organization) sizei,t, Service firm dummy ) where - Profit is the individual (ith) firm’s annual reported net profit margin at time t; - Pharmaceutical industry is a dummy variable with 1 the yes condition (company is a pharmaceutical firm), and 0 the no condition (company is any other firm); - R&D is reported expense as a percent of total reported asset dollar value for each (ith) firm at time t, and - Service is a dummy variable for service industry firms (1=yes; 0=no, the organization is a production firm). In other analyses, R&D expense, and organization size as asset dollar value were also explored separately to test whether the main result remained, independently of detailed model structure. It did. We report results of the more parsimonious model. October 13-14, 2007 Rome, Italy 19 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 5b. Sample. The sample was collected from 15 years of published annual reports from for-profit firms. Selected firms were the 10 largest companies in their industries, and showed a wide range of profit and loss, investment in R&D and non-investment therein, and included both production and service firms. After cleaning the data for missing values, and excluding firms that did not report R&D amounts as a separate entry (while keeping firms reporting R&D at any value, including zero), there were 202 companies over 23 two-digit SIC code industries represented in all, over the 15 year 1988-2003 period of time. Because of mergers, buyouts, start-ups, and the like, a few of the companies enter the data set for only a few years. Pharmaceutical firms carry SIC code 2834. All numbers were gleaned from published Annual Reports. To verify representativeness of the sample, a comparison of means and standard deviations between firms that reported R&D and those that did not, indicated similar characteristics overall, such as the mean and range of net profit margin, asset size, and selling, general, and administrative expense. Analyses of firms failing to report R&D as a separate expense was limited to descriptive statistics and was used for comparison only. We limit further analysis to organizations declaring R&D as a separate expense because of the centrality of that variable to our topic. A subsample of firms reporting high levels of R&D was created for further analysis: these organizations reported R&D expenditures as a percent of assets, greater than or equal to the overall sample mean of 6.08%. This subsample compared equivalently to the larger sample in terms of asset size and range of profitability, although naturally fewer firms (106) and industries were represented. October 13-14, 2007 Rome, Italy 20 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Finally, a comparison of profitability between the firms in our sample, both pharmaceutical and otherwise, and Fortune-500 firms publicly reporting profits, indicates that our sample, while representative, slightly understates the pharmaceuticalnonpharmaceutical profit difference (Public Citizen, 2003), suggesting our analysis offers a more conservative test. 5c. Methods. Descriptive statistics (means, standard deviations, minimum and maximum values, and coefficients of variation) for the full sample of organizations declaring an R&D value, and for the subsample of high-R&D firms, bivariate (Pearson) correlations, and Ordinary Least Squares regression analyses are reported. 6. RESULTS AND INTERPRETATION 6a. Means. Means of selected variables, shown in Table 1, indicate that pharmaceutical firms enjoy substantially higher net profit margins than do non-pharmaceutical firms, whether those non-pharmaceuticals are production, service, or health service organizations. The full R&D sample is shown first, with results for the high-R&D subsample next. Pharmaceutical profits at 13.91% are 5.31 times the non-pharmaceutical average of 2.62% over this 15 year period. Because health service organizations earned 2.66%, we may guess that the large profits enjoyed by pharmaceutical firms are not also enjoyed by other members of the health service professions. Drug profits were 5.23 times the nonpharmaceutical health service average. October 13-14, 2007 Rome, Italy 21 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 With respect to R&D, pharmaceutical firms invested on average 8.78% of their assets in R&D, while non-pharmaceuticals in the full sample invested 5.60%, suggesting that at least some monies earned by pharmaceuticals do in fact get invested in what one hopes will become the next generation of life saving drugs. Dummy variables for organization type indicate that pharmaceutical firms make up some 15% of this sample, with non-pharmaceutical production organizations composing 58% and service firms making up the difference at 27%. Among the subsample of R&D-intensive firms (that is, those investing at least 6.08% of assets in R&D), pharmaceutical profits remained extraordinarily high at 13.73% with 10.85% R&D investment, compared to a 2.87% profit for non-pharmaceuticals who invested on average a considerably higher 13.07% in R&D. Even among the high R&D investing group, pharmaceuticals made 4.78 times more than other firms. What is more, they garner this almost five times profit while investing 2% less than other high R&D-investing firms. This last result is an interesting one, suggesting that R&D investments in and of themselves carry no guarantee of higher profits, especially among production organizations. That pharmaceuticals, who are after all production firms, are able to sustain a profit even higher than the service firms, says something about their control of the market. 6b. Correlations. The Pearson Correlation Matrices for the full sample, Table 2a, again indicates a positive relation between net profit margin and being a pharmaceutical firm. Profit is negatively correlated with R&D as a percent of assets: that is, the more firms spent on R&D, October 13-14, 2007 Rome, Italy 22 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 the less money they make. Service companies make neither more nor less profit than other firms. Pearson Correlations for the high-R&D subsample, Table 2b, show a similar profitpharmaceutical link. In this case the negative relation between R&D investment and net profit margin is considerably more pronounced. However, among the high R&D spenders, pharmaceuticals are again shown to spend significantly less on R&D than other firms. 6c. OLS Regression Results. Results of the Ordinary Least Squares Regression Analyses are shown in Table 3 for the full and high-R&D subsample. Being a pharmaceutical firm is associated with significantly higher profits, controlling for R&D investment as a percent of asset size, and organization type.3 R&D investment is associated with significantly lower, while being a service firm mattered to profit only in the high R&D group. Beta values in Table 3 (columns 2 and 4) show that being a pharmaceutical firm contributed nearly twice as much to profit as did (negatively) investment in R&D among the full sample, and ¾ as much among the high R&D group. Collectively, these results offer support for the second hypothesis, H2, that language - not efficiency -- drives pharmaceutical economic activity and profit. No support was found for H1, that efficient markets cause temporary profit to disappear: pharmaceutical firms’ profit was sustained. Pharmaceuticals were shown to experience substantial and significant profits, compared to the profits of comparable firms. 7. CONCLUSION October 13-14, 2007 Rome, Italy 23 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 “Mastery begins, as we know, through the power of naming, of imposing and legitimating appellations” (Derrida, p. 39, 1998). To the question of whether pharmaceutical drug costs are justified by R&D expense, the results of this investigation show that pharmaceutical firms do indeed invest some of their monies in R&D, as do many other types of production and service firms, but this investment does not account for their extremely large ongoing profit. Moreover, their R&D investment, including monies actually paid for by NIH grants, is actually lower than the investment of others who habitually spend a great deal on R&D as well. So pharmaceuticals make about five times more money than everyone else, and they don’t spend that profit on R&D. Worse, they provide a mastery of health care language that prevents objective, considered discourse, deliberation of alternatives, and thoughtful challenge in a nation whose global life expectancy ranks 27th or 28th. In this context, it is difficult to engage in public discourse about advancing public health “because a language to express the values animating that mission has not been adequately developed” (Wallack and Lawrence, 2005, p. 567). The first “language” of American culture is individualism, they note, language that dovetails nicely with individual action in free markets. A second language is needed to enable meaningful discourse about national health care to emerge, a language of interconnectedness and community. Derrida suggests that we take the language that we have, and “Let us make it say what it does not know how to mean to say, and let us allow it to say something else” (p. 6768, 1998). This promises the impossible: to translate our language into that version of itself that does say what one might imagine could be said beyond our intersubjective constraints. We may begin in this way to make a ridiculous statement that makes non-ridiculous sense, to October 13-14, 2007 Rome, Italy 24 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 say “fair”, “equitable access” and “reasonable but not excessive return.” We must appropriate our language to say that pharmaceutical claims are not sustained by these empirical results: subjective and objective realities diverge. To this end, we must take some care to avoid the experience of some earlier attempts at health care reform, whose efforts at wresting health care language from its then and current proprietors was met with explicit and intensive socially sanctioned ridicule. This time, we may begin by making the language of free markets, research, and life saving drugs more ambiguous and thus more open to, in Derrida’s (1977) words, polysemy: a diversity of meanings, articulated words open to reappropriation by those who would advance the greater public good. We can carefully say that over 15 years, we find no empirical support for the claim that large pharmaceutical profits are needed for, or even are used for, researching and developing the next generation of life-saving drugs; research taxpayer-financed in any event through the National Institutes of Health. We can carefully say that we did find support for the notion that excessive pharmaceutical profits are justified not by research, but by language, even while we are using that language to express these findings. We can carefully appropriate our language to speak of objective realities changing subjective knowledge, and thus open the field of what is socially possible. We can begin to disentangle “freedom” from “free markets.” Following Derrida’s suggestion that we take this language and allow it to say something else, offers us possibility. Of the many options possible in addressing pharmaceutical profit excess, although it would stretch our language, one alternative seems to stand out from the rest: the language of law. October 13-14, 2007 Rome, Italy 25 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 We have learned, as a people, to use the language of law to interface with, and constrain, freedoms without usurping those freedoms too far. We use the language of law to limit our individual enjoyment of driving, for example, as fast as we might wish to go, so that other drivers and pedestrians might enjoy a safer transportation environment; still, we are free to drive where we will at a variety of speeds. We use legal language to constrain our freedom of action against taking others’ liberty, their property, or their lives. We use the language of law to constrain “free markets” to not hire children, pay too low a wage, or force employees into terribly unsafe working conditions. While it would not be a simple task, it is possible to follow from this employment of language and logic to, similarly, utilize the language of law to constrain free markets for pharmaceutical products though limits on price, profitability, and the transfer of taxpayer funded research into patents held by pharmaceutical firms. We might utilize the language of law to require greater transparency in expenditures of pharmaceutical firms in marketing and gifts. The practical aspects of this proposal to limit pricing on pharmaceutical drugs are significant but less so, perhaps, than the obstacles of language: pharmaceutical drug pricing limits were suggested in 1993 by Rep. Ron Wyden, the response to which was Congressional Resolution 79 warning of “the futility of price controls”, their tendency to “inspire…disrespect for law among previously honest citizens”, and that “medical price controls, far from benefiting the American people…cause much needless human suffering, and in the end, degrade the finest health care system the world has ever known”. The Resolution concludes, with 26 co-sponsors, “that any legislation enacted to reform the helath care system of the United States should not include price controls” (Armey, 1993). October 13-14, 2007 Rome, Italy 26 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Today, glimmers of an alternative view are starting to emerge. Domestically, six states have already required reporting of pharmaceuticals’ gift and marketing practices, and those reporting requirements have already changed the way pharmaceuticals dispense gifts in Vermont (Catellblanch, 2003); 23 other states have legislation regulating pharmaceutical marketing pending (Wilkenfield and Braun-Davis, 2005). Maine has even, under certain circumstances, legislated price, a law hotly contested by the pharmaceutical industry but sustained in U. S. Supreme Court (PhRMA v. Walsh, 2003). Internationally, rules established under the World Trade Organization allow countries to override pharmaceutical patents and produce their own generic equivalents “in a health emergency or if the pharmaceutical industry uses abusive pricing” (Sequera, 2007). These regulations compose a small start. Details and challenges of implementing such a strategy await us, and these are not small. But first, we must begin to expand our identity beyond individual action alone to include the value of shared community, benefits from which spread to each person. We need to be able to engage in thoughtful discourse, without reprimand or ridicule, about free market abuse in terms of a class of firms who utilize their oligopolistic power opportunistically: to set prices that yield for them four and five times the profit normally enjoyed by other firms, year after year. We need to develop language, and insist on its legitimacy as American language, that can begin to discuss collusive behavior as pirate capitalism, and distinguish that free market abuse from reasonable legislative boundaries on not always competitive free markets. We may use this language to state that such pirate capitalism is more characteristic of lawless societies than of the society we would choose, perhaps, to be. We must take our language and make it mean what only we can make it say: October 13-14, 2007 Rome, Italy 27 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 that pharmaceutical price constraints might mean better life expectancies for all of us, and that is freedom, too. October 13-14, 2007 Rome, Italy 28 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 BIBLIOGRAPHY Agovino, T. (2004) “Medicine price hike highlights controversy of government funding drug research” Medical Letter on the CDC and FDA, June 20, NewsRx.com and NewsRx.net. American Medical Student Association. (2005) “Marketing Versus Research and Development” http://www.amsa.org/hp/RanD.cfm, March 31. Anderson, M. R., L. Smith and V. W. Sidel. (2005) “What is Social Medicine?” Monthly Review, 56(8): 27-34. Angell, M. (2005) The Truth About the Drug Compaies. NY: Random House. Armey, Rep. R. K. 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Boston: Thomson Course Technology. Wallack, L. and R. Lawrence. (2005) “Talking About Public Health: Developing October 13-14, 2007 Rome, Italy 32 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 America’s ‘Second Language’” American Journal of Public Health, 95(4):567570, April. Wickham, M. (2006) Personal Observation 1998-2003, in private communication 8/22. Wilkenfeld, J. and J. Braun-Davis. (2005) “50 5 2005: Five things you can do to prepare for compliance in all 50 states—starting today” Pharmaceutical Executive, Sept. 1 http://www.pharmexec.com/pharmexec/article/articleDetail.jsp?id=177963&&pa geID=2. Williamson, O. (1975) Markets and Hierarchies. NY: Free Press. October 13-14, 2007 Rome, Italy 33 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Table 1: Means of selected variables, pharmaceutical profit FY 1989-2003. Variable mean s. d. min max c.v. n -5.3951 -.1787 -5.3951 -5.3951 -2.4095 -.5544 .9666 .5473 .9666 .4846 .9666 .4418 5.2639 .7052 9.1336 12.0952 5.4293 3.3433 2439 366 2073 1417 656 195 Full Sample: n=202 firms Net Profit Margin Pharma Profit non-Pharma Profit non-Ph. Prod’n Profit non-Ph. Svc. Profit Health Svc. Profit .0432 .1391 .0262 .0210 .0374 .0266 .2275 .0981 .2393 .2540 .2036 .0890 R&D exp (%Assets) Pharma R&D % Non-Pharma R&D % non-Ph. Prod’n R&D % non-Ph. Svc. R&D % .0608 .0878 .0560 .0678 .0307 .0746 .0579 .0762 .0786 .0638 0 0 0 0 0 1.2595 .4400 1.2600 1.2595 .3591 1.2279 2439 .6594 366 1.3607 2073 1.1593 1417 2.0782 656 R&D Dollars in millions R&D $ Pharma (mil) R&D $ non-Pharma (mil) Asset Dollars in millions Assets Pharma (mil) Assets non-Pharma (mil) 672.62 1009.79 613.09 17021.39 11865.19 17931.75 1774.89 1157.59 1856.61 44290.74 14037.86 47622.91 0 24732 0 7131 0 24732 5.17 647483 12.27 116775 5.17 647483 2439 366 2073 2439 366 2073 Pharmaceutical (y/n) .1501 non-Pharma Prod’n (y/n) .5810 Service Co. (y/n) .2690 0 0 0 1 1 1 2439 2439 2439 High R&D Sub-Sample: n=106 firms Net Profit Margin Pharma Profit non-Pharma Profit non-Ph. Prod’n Profit non-Ph. Svc. Profit .0582 .1373 .0287 .0090 .1191 .2742 .0913 .3114 .3338 .1452 -5.3951 -.1787 -5.3951 -5.3951 -.9082 .6216 .5473 .6216 .3728 .6216 4.7113 .6650 10.8502 37.0889 1.2191 967 263 704 578 126 R&D exp (%Assets) Pharma R&D % Non-Pharma R&D % non-Ph. Prod’n R&D% non-Ph. Svc. R&D% .1247 .1085 .1307 .1285 .1407 .0816 .0545 .0890 .0919 .0735 .0608 .0610 .0608 .0608 .0616 1.2595 .4351 1.2595 1.2595 .3591 .6544 .5023 .6809 .7152 .5224 967 263 704 578 126 2.1162 .9797 2.4604 1.5776 1.0792 1.8178 967 263 704 967 263 704 R&D Dollars in millions 1158.04 R&D $ Pharma (mil) 1238.87 R&D $ non-Pharma (mil) 1127.84 Asset Dollars in millions 10374.19 Assets Pharma (mil) 13043.65 Assets non-Pharma (mil) 9376.93 Pharmaceutical (y/n) .2720 non-Pharma Prod’n (y/n) .5977 Service Co. (y/n) .1303 October 13-14, 2007 Rome, Italy 2450.68 .82 24732 1213.68 2.07 7131 2774.95 .82 24732 16366.21 5.17 116775 14076.09 12.27 116775 17045.66 5.17 104457 0 0 0 34 1 1 1 967 967 967 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Table 2a: Correlations of selected variables, pharmaceutical profit FY 1989-2003. Full Sample: n=202 firms, 2439 cases Pharmaceutical(y/n) Net Profit Margin .177** (p=.000) Pharmaceutical Co. R&D % assets Service Co. -.080** (p=.000) -.015 (p=.454) .152** (p=.000) -.255** (p=.000) R&D % assets -.245** (p=.000) Table 2b: Correlations of selected variables, pharmaceutical profit FY 1989-2003. High R&D Sub-Sample: n=106 firms, 967 cases Pharmaceutical(y/n) Net Profit Margin Pharmaceutical Co. .176** (p=.000) R&D % assets Service Co. -.260** (p=.000) .086** (p=.007) -.121** (p=.000) -.237** (p=.000) R&D % assets .076* (p=.018) ______ * p<.05 ** p<.01 October 13-14, 2007 Rome, Italy 35 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 Table 3: Ordinary least squares regression results, pharmaceutical profit data FY 19892003. Dependent Variable: Net Profit Margin Full Sample: n=202 firms, 2439 cases (1) OLS coefficients (std. error) High R&D Sub-Sample: n=106 firms, 967 cases (2) Beta values (3) OLS coefficients (std. error) Pharmaceutical Co. .125** (.013) .196 .112** (.019) R&D % assets -.328** (.063) Service Co. .004 (.011) Constant .043 .117 R-square F-statistic .043 36.63** .110 39.47** -.108 -.838** (.013) .008 .120** (.026) *p<.05 **p<.01 October 13-14, 2007 Rome, Italy 36 (4) Beta values .181 -.249 .148 7th Global Conference on Business & Economics ISBN : 978-0-9742114-9-7 ENDNOTES Language justifying high pharmaceutical prices tends to employ “development” considerably more than “research”. This reflects one piece of undeniably objective reality: that the American government, through the National Institutes of Health, with taxpayer dollars funds the lion’s share of basic pharmaceutical research conducted in the U. S. today. 1 A full discussion of this last point is beyond the scope of this paper. It is sufficient to note regarding the concerns expressed about the R&D dollars invested into researching cures for currently uncurable diseases, versus the proportion of R&D dollars invested into repackaging existing pharmaceuticals whose patents are about to expire, that in 2002, some 71 of the 78 drugs gaining FDA approval (91%) were variations of existing drugs containing no new pharmacoleogical ingredients (Angell, 2005). 2 Additional runs conducted on alternative versions of the model verified that the positive pharmaceutical effect on profits was robust in both the full and R&D sample. This result did not waver – controlling for investment in R&D, pharmaceuticals enjoyed statistically significantly higher net profit margins than did other sampled firms over the 1988-2003, 15 year period. The model shown is the most parsimonious. 3 October 13-14, 2007 Rome, Italy 37