Reform of traditional antitrust enforcement and competition law globally has been an ongoing discussion amongst enforcers, politicians, advisors, economic experts, and academics. While conversations pertaining to antitrust reforms have been widely centered around resolving the issues presented by Big Tech, the pharmaceutical industry remains a key focus of competition agencies globally. This article will discuss two recent steps enforcement agencies have taken to address competition in the pharmaceutical industry—the recently announced multi-jurisdictional Working Group and the 6(b) Order issued to six health insurance companies by the Federal Trade Commission (FTC). Both working groups and 6(b) Orders are well established tools in the FTC’s tool kit and their use has been increasingly common in an era of heightened antitrust enforcement.

What Is the Multi-Jurisdictional Working Group?

The FTC is authorized “to gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce …” 15 U.S.C. §46(a). It has used working groups at various times to study and report on particular questions of interest. A working group will typically provide recommendations based on its findings.