Yes but the FDA makes all the rules necessary to put barriers for new entrants, rendering the existing pharma companies as state sponsored monopolies in practice.
You're taking 'getting paid' too literally. All those FDA administrators and employees need to justify their fat budget by keeping themselves busier and busier. They're being paid by the taxpayer not the pharmaceutical industry.
http://blogs.plos.org/workinprogress/2012/01/25/how-much-mon...