Anticompetitive Drug Rebates May Need FTC Rulemaking For Timely Reform, Commissioners Say
‘Rebate walls’ report heads to US Congress, but Democratic commissioners suggest FTC’s typical approach to curtailing such practices is too time consuming.
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Agency staff has more freedom to launch investigations under resolutions approved at Commission’s first meeting under new chair. Mergers and rebate walls expected to be major priorities.
The generic firm essentially paid the brand to keep its product off the market, FTC alleges in case about Opana ER litigation. Endo considered bringing back its original formulation of oxymorphone but instead reached agreement with Impax to share profits of its generic, antitrust suit claims.
Commissioner Chopra says candy maker Nestlé cannot take Allergan’s place in the market and AstraZeneca would get a windfall without paying anything for a valuable drug development project. AbbVie/Allergan must divest enzyme replacement therapies Zenpap and Viokace to Nestlé and investigational IL-23 inhibitor brazikumab to AstraZeneca.