FTC order could prevent innovative distribution arrangements -- dissenting opinion in Lilly/PCS case.
PCS OPEN FORMULARY DOES NOT ASSUAGE CONCERNS ABOUT INDEPENDENCE, FTC Commissioner Mary Azcuenaga suggested in her dissent from the Federal Trade Commission decision to finalize a consent order allowing the merger of Lilly and PCS. The consent order "requires Lilly to offer an open formulary and to accept whatever discounts sellers may choose to offer, but passive acceptance of proffered discounts is hardly the same thing as aggressively pursuing price reductions," Azcuenaga declared.
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