News From Law.com
The Federal Trade Commission is pursuing potential antitrust violations in the pharmaceutical industry using the muscle of a left-for-dead law, the Robinson-Patman Act of 1936, which was used to protect mom-and-pop grocery stores from price discrimination during the Depression. The agency and the Department of Health and Human Services this week jointly announced a request for information on whether practices by drug manufacturers, drug wholesalers and group-purchasing organizations may be resulting in generic drug shortages and increased prices. ‘Sellers in every industry should monitor these developments to see how the agency's enforcement priorities evolve and are treated by the courts,' warned Morrison & Foerster partner Mary Kaiser. The Robinson-Patman Act had been unused for decades before the FTC employed it to investigate the alcoholic beverage industry last year.
Health Care
February 15, 2024, 10:48 AM