FTC Commissioner Changes Could Impact Pharma Mergers, Scrutiny Of Biosimilars Uptake
President Biden’s picks to fill two commissioner posts may shift dynamics on pharmaceutical industry enforcement. Rohit Chopra’s nomination to Consumer Financial Protection Bureau removes strong critic of pharma mergers.
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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.
AbbVie and FTC both see wins and setbacks in Third Circuit ruling on case involving reverse-payment patent settlement with Teva.
$600m settlement with DOJ over Suboxone marketing includes corporate integrity agreement and exclusion of subsidiary from government health programs. Indivior also agrees to pay $10m to FTC and be enjoined from future antitrust violations.