Merger Enforcement: FTC And Justice Department Casting Wide Net In Considering Changes
Agencies seek public comment on how they can modernize merger guidelines to enforce antitrust laws. List of questions, including what types of evidence show that a merger could reduce competition, indicate pharma and other mergers will face greater scrutiny.
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Pfizer’s acquisition of Arena without FTC intervention and Hikma’s acquisition of Custopharm with one product divestiture shows the commission is bound by anticompetitive facts of a deal. A more controversial merger may not get through, former FTC attorney says.
Drug buying groups and pharmacy benefit managers are leaving generic drug producers unable to compete even when they have viable products due to concentration of buyer power, the Association for Accessible Medicines has highlighted.
As they revise and interpret merger guidelines, the Federal Trade Commission and Department of Justice should pay particular attention to the anticompetitive impact of consolidation in the pharmacy benefit manager market, the generic trade group suggests.