Will FTC Shakeup Impact Pharma?
With full slate of new commissioners FTC may expand focus to FDA regulatory issues; Commission has four cases against pharma companies in federal court and is fighting challenges to its authority to bring pay-for-delay suits.
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Commissioners vote 3-2 that Mylan and Pfizer’s Upjohn can combine after divesting seven products; dissenting votes focus on price fixing allegations as commissioners Chopra and Slaughter criticize majority for not addressing government’s case against Pfizer and Mylan. Former FTC attorneys note that if Biden wins the presidential election, he could nominate one of the dissenters to FTC chair and give more traction to their views.
Divesting Celgene's psoriasis drug Otezla will remedy anticompetitive harm from acquisition, US Federal Trade Commission votes 3-2. Dissenting Democrat commissioners want broader review of pharma mergers.
Spark signaled in an SEC filing that its merger with Roche could be delayed into 2020, fueling more speculation that FTC is increasing scrutiny over biopharma mergers.