Prior Bad Conduct By Pharma Companies Could Be ‘Plus Factor’ In Merger Review
Experts suggest US FTC and DOJ retrospectively assess whether a merger gives companies increased leverage with PBMs and consider how it will impact vulnerable communities. Rutger’s Michael Carrier says there should be a presumption against mergers between two large firms.
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FTC Objections To Pharma Mergers Could Go Unchallenged Following Wilson’s Resignation
The commission no longer has a voice opposing aggressive antitrust enforcement actions and President Biden's replacement may be more receptive to the stance of the three current Democratic commissioners. Amgen’s proposed acquisition of Horizon is facing FTC scrutiny.
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.
Pharma Mergers May Have Tougher Time Clearing FTC Under New Review Scheme
FTC is working with Canadian and European enforcement agencies to come up with new approach to merger reviews that could look at effects on innovation and companies' past conduct. FTC to review closed mergers to see if corrective action is necessary, FTC acting chair says.