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Making a
Fortune by Wagering That Drug Prices Tend to Rise
By Stephanie Saul
The New York Times
January 26, 2005
Stewart
Rahr's new $45 million East Hampton estate, the most expensive house
ever purchased in New York State, is just across the pond from
Steven Spielberg's. Mr. Rahr plays golf with Donald Trump and
practices putting on an indoor green in the basement of his
warehouse in Queens. He and his wife, Carol, last drew attention in
2003 when they bought four works of art, including a Renoir and a
Picasso, in one sitting at
Sotheby's.
But as he becomes
increasingly visible as one of New York's wealthiest men, Mr. Rahr,
a 58-year-old law school dropout, is girding himself
In recent years,
distributors like
for the elimination
of the system that helped
Stewart Rahr have stockpiled drugs
His success offers a rare
glimpse into a
before expected price increases and
generate his fortune.
lucrative but little-known
then made quick profits by selling at
corner of the pharmaceutical
industry - the
a higher price.
once-mundane business of delivering drugs from manufacturers to
pharmacies.
Over the last 20 years, the
packing and shipping of drugs evolved into a game of arbitrage,
called speculative buying, with distributors like Mr. Rahr wagering
on drug price increases.
This common industry
practice seems more fitting to a casino than a distribution
warehouse. And in the 1990's and the early years of this decade,
with prices far outstripping inflation, it was a sure bet.
Knowing that drug
manufacturers typically increased prices at the same time, often in
January, drug middlemen like Mr. Rahr, the sole owner of Kinray,
which is based in Queens, made millions by overstocking their
warehouses before manufacturers announced price increases. By
acquiring extra inventory at the lower price, distributors made
quick profits once they sold the drugs at higher prices a short time
later to retail pharmacies.
Prescription drug prices
are a combustible political issue, and manufacturers feel intense
pressure to restrain them. With their historically large profits
threatened, and with regulators questioning aspects of the
speculative buying system, the manufacturers have taken steps to
shut it by limiting distributors to just one month's worth of
inventory. Drug manufacturers have also begun using special software
to help detect speculative buying.
Mr. Rahr would not disclose
exactly how much he made through speculative buying.
Goldman Sachs estimated that
the distribution industry, which is dominated by three large public
companies, made 60 percent of its profit, or $980 million, from
speculative buying in 2001, when the practice was at its peak. More
recently, Goldman Sachs estimated speculative buying's contribution
at 40 percent of profits.
Mr. Rahr, who honed the
practice with the help of a computer program, said that his profit
from the practice never reached 40 percent.
Mr. Rahr also said that his
and other distributors' fees accounted for a tiny portion of the
cost of drugs to consumers, with manufacturers taking the major
share of profits.
"We're talking an
infinitesimal impact on the consumer, based on the total cost of the
health care industry," Mr. Rahr said. "Whether there is spec buying
or not is not the greatest factor in the high cost of
pharmaceuticals."
In some ways, the practice
helped drug manufacturers, who relied on speculative buying in lieu
of paying distributors to get drugs to pharmacies. In effect, it was
a form of hidden compensation that never showed up as a cost to
manufacturers. But speculative buying fostered many problems,
industry analysts and economists said. Some say it played a role in
drug cost inflation by adding an incentive for manufacturers to
raise prices repeatedly. It also sometimes gave drug makers false
signals that products were in demand, prompting them to turn out
excess product.
By encouraging distributor
stockpiling, the system also led to shortages in some regions of the
country, a situation known as a "stock out" and one that the
industry does not like to discuss. Last year,
Bristol-Myers Squibb paid
$150 million to settle allegations, without admitting or denying
guilt, that it misled investors by aggressively encouraging
wholesalers to flood their warehouses, thus artificially inflating
its sales.
The case, brought by the
Securities and Exchange Commission, was the beginning of the end of
speculative buying, as other manufacturers worried that they, too,
might run afoul of securities laws. "It was a dysfunctional model,"
said Ken Abramowitz, an analyst and managing general partner at NGN
Capital, a health care venture capital company in New York.
Exactly how much retail
drug prices have been affected by speculative buying is an open
question. Adam J. Fein, a Philadelphia business economist, says that
the end of speculative buying can reduce the rate of drug price
inflation by one or two percentage points a year.
Based on the 5.3 percent
increase in retail drug prices in 2003, as calculated by
IMS Health, a
pharmaceutical-market research company, consumers could save $2.2
billion to $4.4 billion annually.
Others agree that
speculative buying created inflationary pressures, but are more
concerned that ending the practice will drive up retail prices if
distributors, who operate on slim profit margins, are forced to pass
any costs to retail pharmacies.
"They'll have to make up
their margins somewhere that they aren't getting from the
manufacturer," said Steven W. Schondelmeyer, a University of
Minnesota professor who studies the economics of the pharmaceutical
industry. "They'll raise the prices to the pharmacies. The
pharmacies have very thin margins to begin with, and all they can do
is pass it on to consumers."
Experts agree, however,
that consumers will benefit in at least one way. Speculative buying
helped foster a secondary pharmaceutical market, with some
distributors reselling extra drugs they did not need to other
distributors.
"It invited the risk of the
type of counterfeit and adulterated market that we saw with some of
the biotech drugs and Lipitor," said Christopher McFadden, an
analyst with Goldman Sachs.
The shift away from
speculative buying has put pharmaceutical distribution at a critical
point, according to Mr. Fein, whose company, Pembroke Consulting,
advises both manufacturers and distributors.
"Of course it's affected
our business," said Mr. Rahr, who said he had no plans to raise
prices to compensate for the loss of profit from speculative buying.
Instead, he said that his company was working harder to control
costs and expand its territory. "Volume, volume, volume," he said.
The transformation has also
affected bottom lines at the three large public pharmaceutical
distribution companies - AmerisourceBergen, Cardinal Health and
McKesson.
Today, they deliver 90
percent of the $220 billion in drugs sold in the United States. As
distributors try to recoup, they have become engaged in what Mr.
Fein said were tough negotiations with manufacturers, asking that
they pay fees for distributing drugs to pharmacies.
"The question is, How much
more value or how much more fees is the manufacturing community
going to be willing to pay?" Mr. McFadden said. "It's kind of
whatever you can negotiate."
In one of the first of
these "fee for service" deals, Eli Lilly recently announced it had
struck an agreement with Cardinal Health, but neither side disclosed
terms.
Last week, Eisai, a
Japanese pharmaceutical company, announced that it had broken off
negotiations with Cardinal Health and warned patients of potential
disruptions in the supply of drugs to treat Alzheimer's, epilepsy
and gastrointestinal problems. Three days later, the companies
announced that they had reached a deal, after all.
Pfizer,
the giant pharmaceutical manufacturer, said last week that it would
not negotiate fee agreements with distributors.
"Someone like Pfizer says,
'the fact that you lost money is not my problem,' " said Mr.
Abramowitz, the health care analyst.
As his profit margin
narrows - Mr. Rahr describes it as "razor thin" - Mr. Rahr is
expressing confidence that Kinray will prosper even without
speculative buying, based on its efficiency, low costs and the fact
that he has no debt.
His company has established
a national telemarketing office that makes cold calls to pharmacies
across the country. Mr. Rahr, whose company employs about 1,000
people, is expanding his business in home health equipment like
walkers and bedpans, as well as generic drugs, both areas with
higher profit margins than brand-name drugs, where he makes less
than 2 cents on the dollar.
"We do all this work for
pennies," Mr. Rahr said. "But like my father said, 'pennies do add
up to dollars.' " Last year, the pennies added up to $3.1 billion in
sales.
Mr. Rahr's business, he
said, is dependent on a large computer-operated picking system that
fills orders from among 34,000 items in the company's 400,000-foot
warehouse. The items, he said, include anything a drugstore would
sell.
"I'd be out of business
without this technology," he said.
Despite his wealth, Mr.
Rahr still exudes Queens from every pore. He is gregarious and down
to earth, perpetually tanned, and seems both proud of his success
and slightly apologetic about it, emphasizing that he still wears a
$19.95 watch and drives himself to work in a 10-year-old Jeep
Cherokee.
He loves to tell stories
about how a headwaiter or a security guard stopped him because he
was wearing his usual attire, a baseball cap and jeans. "My wife's
used to it," he said. "I identify with the underdog."
He specializes in sales to
3,000 independent drugstores in seven Northeastern states. Mr. Rahr
says he controls 75 percent of that market. Among the druggists,
Kinray is known for its easy-to-use Web site.
It has been 36 years since
Mr. Rahr dropped out of New York Law School and persuaded his
father, Joseph Rahr, not to sell the family's retail pharmacy in
Brooklyn, which also supplied a few other drugstores.
Mr. Rahr recently described
the rejection he felt at first, when he tried to expand the
wholesale business.
"I used to call the
pharmacies and I would call and say, 'Kinray,' and they'd say,
'Nothing for you today.' And after about three or four in a row, I
would get, 'Here's three aspirin for you and two Colgate toothpaste
and one Mennen Speed Stick, if I were lucky,' " Mr. Rahr recalled.
"And the sound of them hanging up on me, the 'nothing for you
today,' just started to make me feel like I had to do something to
get to become the primary jobber in these stores." In 1973, Mr. Rahr
and his wife, now a partner in a Manhattan jewelry design firm,
Beach to Ballroom, bought their first home on one acre in suburban
Dix Hills, N.Y.
The Hamptons estate is
considerably more grand, and Mr. Rahr sees it as his crowning
achievement.
It sits on 25 acres. The
main house is 18,000 square feet, with 8 bedrooms and 14 baths, a
private 2,000-foot beach with its own dock and boathouse, a
waterside heated pool with waterfall and whirlpool, a tennis court
and viewing pavilion, and a greenhouse. Mr. Rahr said that buying
the property was an emotional experience for him.
"Here we were, 32 years
later, walking on a much larger estate and feeling blessed that we
were able to be in this position," he said.
Mr. Rahr says he has never
borrowed a penny, so in a few days, when the deal closes on the
oceanfront mansion, called Burnt Point, he will pay cash.
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