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132 Chapter 7: Fairness and Ethics in Decision Making

can refrain from making the mistake of viewing ourselves or our advisors as immune

from the pernicious effects of conflicts of interest.

Indirectly Unethical Behavior

Imagine that a major pharmaceutical company is the sole marketer of a particular cancer

drug. The drug is not profitable, due to high fixed costs and a small market size, yet

the patients who do buy the drug are depending on it for their survival. The pharmaceutical

company currently produces the drug at a total cost of $5/pill and sells it for

only $3/pill. A price increase is unlikely to decrease use of the drug, but will impose

significant hardship on many users. How ethical would it be for the company to raise

the price of the drug from $3/pill to $9/pill?

Now imagine that, instead of raising the price, the company sold the rights to produce

the drug to a smaller, lesser-known pharmaceutical company. At a meeting between

the two companies, a young executive from the smaller firm was quoted as

saying: ‘‘Since our reputation is not as critical as yours, and we are not in the public’s

eye, we can raise the price fivefold to $15/pill.’’ Would selling the manufacturing and

marketing rights to the other firm be more or less ethical?

Paharia, Kassam, Greene, and Bazerman (2007) found that when evaluating each

of these two options individually, participants found it more unethical to raise the drug

price to $9 per pill than to sell off the product to another firm, knowing that the other

firm would raise the price to $15 per pill. When another group of participants was directly

asked to compare the two options, however, they found the behavior that led to a

$15-per-pill price to be more unethical. But as we discussed in Chapter 5, people typically

observe only one behavior at a time rather than comparing and contrasting two

options. Thus, as compared to simply raising the price of the drug, the sale of the drug

to the smaller company is a disguised, ambiguous price-raising tactic that is less likely to

raise concerns from the public—yet, at the same time, it may be more hazardous to the

drug’s users.

Could this type of indirect price increase happen in the real world? Yes—and, in

fact, some firms seem to specialize in creating such opportunities. In August 2005,

pharmaceutical manufacturer Merck, which had made a cancer drug called

Mustargen, sold the rights to manufacture and market the product to Ovation Pharmaceuticals,

a much smaller, less recognized company that specializes in buying slowselling

medicines from big pharmaceutical companies. Ovation soon raised the

wholesale price of Mustargen by roughly ten times, despite no investment in R&D or

any other significant new costs. As in the study described above, Merck might have

faced a public backlash if it had raised the price of the drug on its own. But because

Ovation is so small, it was able to raise the drug price without attracting much attention,

and Merck was able to avoid public accountability for effectively raising the price of the

drug tenfold.

Dana, Weber, and Kuang (2007) present intriguing evidence on this issue of camouflaging

the intentionality behind exploitative actions. Their study suggests that people

who carry out such ‘‘indirect unethical behavior’’ may do so as much to protect their

self-perceptions as to influence the perceptions of others. Participants in their study

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