Democrat legislative triple-lock threat to US pharma: prospects of the Obama presidency

The success of the US Democratic party in the November 4 elections means that a legislative triple lock is possible: an almost filibuster-proof Senate majority; increased control of the House of Representatives; and Senator Barack Obama taking over as President in the New Year. For the drug industry which backed him financially (Marketletter September 1) over Sen John McCain (Republican, Arizona), the next two years will reveal if they spent wisely.

With one result in the Senate still outstanding, Georgia, where a December run-off election is likely, and two others facing recounts, the Democrats (including two Independents) have gained six seats in this election cycle to 57. If the recounts and run-off could all go their way, this would mean that any legislation proposed by the majority could not be blocked by a Republican filibuster if Senators voted along party lines. It will make the efforts of industry groups that are not popular with the majority party much harder, which could be bad news for the Pharmaceutical Research and Manufacturers of America (PhRMA). The drug industry's lobbying efforts since the Democrats took over Congress in 2006 have been relatively successful: blocking several proposals to control drug prices (Marketletter January 7); delaying unwelcome patent reform provisions; and raising safety questions about imports (Marketletter March 10).