FTC Will Investigate Anti-Competitive Rebating But Any Enforcement Action Would Take Time
Commission policy statement highlights situations where rebates lead to formulary exclusion of lower-priced insulin. But concern is also relevant for other drug classes, including highly-anticipated coverage decisions for biosimilars to Humira.
You may also be interested in...
Complaint marks first time agency has raised novel theories of competitive harm in pharma merger and is rare instance in which it has filed a complaint without a consent decree. Last time FTC has gone to court to block a pharma merger was in 2008.
The US Federal Trade Commission is taking a stand against rebating and bundling practices pharma companies use in negotiations with payers as it seeks to block Amgen’s $28bn acquisition of Horizon.
For biopharma manufacturers, chipping away at the rebate rule is a relatively painless drug pricing “pay for” compared to price control policies.