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Karen Hoffman Lent and Kenneth Schwartz Karen Hoffman Lent and Kenneth Schwartz

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.

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