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Home / Events / AAI Competition Roundtable: Stemming the Tide of Competitive and Consumer Harm in Pharmaceutical Markets
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AAI Events

AAI Competition Roundtable: Stemming the Tide of Competitive and Consumer Harm in Pharmaceutical Markets

October 02, 2019

12:30 PM- 4:30 PM

National Press Club

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Free – $200.00

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  • Overview
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On Wednesday, October 2, 2019, the American Antitrust Institute hosted a competition roundtable ““Stemming the Tide of Competitive and Consumer Harm in Pharmaceutical Markets” at the National Press Club in Washington, D.C.

The roundtable took up competition enforcement and policy issues involving the pharmaceutical industry, their major impact on the healthcare system and on consumers, and policy prescriptions for improving competition. Experts in antitrust and regulation from government, industry, advocacy, and academia framed major competitive issues through the lens of different stakeholder and enforcement perspectives.

The half-day program featured a legislative briefing and two panels followed by a roundtable discussion. The legislative briefing wove together the various pieces of proposed legislation introduced in the 116th Congress involving drug pricing and practices that block market entry and slow innovation. The first panel featured multidisciplinary perspectives to framing responses to stemming the tide of anticompetitive harm in pharmaceuticals, arguably a crisis of epic proportions in our economy. The day closed with a roundtable session that gives participants the opportunity to react to and candidly discuss themes, issues, and policy recommendations for competition enforcement. The second panel examined the burgeoning set of practices and strategies deployed by both branded and generic drug companies that stifle competition and raise prices to consumers.

Panel 1: Promoting Competition in Pharmaceutical Markets – The State of Play on Policy Responses

The opening panel discussed the multidisciplinary perspectives surrounding concerns over competitive and consumer harm in pharmaceutical markets. Drugs represent a significant part of total healthcare spending in the U.S. and an aging population will put additional pressure on the pharmaceutical innovation and distribution system. Given the importance of the pharmaceutical sector, antitrust enforcement will need to be buttressed by a coherent competition, patent, and public health policy framework. Panelists from healthcare, enforcement, and state and federal policy forums wove the major takeaways from the first panel together with their unique perspectives. They discussed the policy implications of the current crisis in drugs and provide insight into the elements of an integrated policy approach to promoting continued innovation, fair prices, and access to drugs by those who need them.

Panel 2: Unpacking the Law and Economics of New Approaches to Limiting Competition in Pharmaceutical Markets

The opening panel examined the burgeoning set of practices and strategies deployed by both branded and generic drug companies that are designed to limit competition and raise prices to consumers. With stronger law regarding pay for delay, drug companies have moved on to newer ways to delay market entry and keep drug prices high. These include practices such as product hopping, sham petitioning, and price fixing. The panel also discussed competition issues in the pharmacy benefit manager (PBM) segment of the supply chain and the potential spillover effects of certain PBM practices into the upstream drug manufacturing sector. Panelists provided perspective and insight into how these issues have been addressed by public and private enforcement, legal victories and defeats in combating abusive behavior, and their implications for competition, consumers, and innovation.

Event Location:

National Press Club
529 14th Street NW, 13th Floor
Holeman Lounge
Washington, DC 20045

Media Policy:

Members of the media are present at most AAI roundtables. Speakers and participants should be aware that the media are on background during AAI events. If a member of the media wishes to quote or cite from the live proceedings of AAI events, they are asked to contact specific sources for permission.

CLE Credits:

This conference was approved by the Pennsylvania Continuing Legal Education Board for 3.0 CLE credit hours. A Uniform Certificate of Attendance was emailed to all attendees following the conference.

The following organizations were represented at the Competition Roundtable.

  • Alioto Law Firm
  • American Medical Association
  • applEcon LLC
  • Bloomberg Law
  • California Department of Justice
  • Charles River Associates
  • Consumer Reports
  • CTFN
  • Cuneo Gilbert & LaDuca, LLP
  • DMB Law
  • Don Allen Resnikoff Law, LLC
  • Economists Incorporated
  • Farallon Capital
  • Federal Trade Commission
  • Gustafson Gluek PLLC
  • Hagens Berman Sobol Shapiro
  • HBK Capital Management
  • Hilliard & Shadowen
  • Info Tech Consulting
  • Justice Catalyst Law
  • Kaplan Fox & Kilsheimer LLP
  • KCC
  • Labaton Sucharow LLP
  • Latham & Watkins LLP
  • Law Offices of David Balto
  • Law360
  • Lockridge Grindal Nauen PLLP
  • MWE
  • Nathan Associates Inc.
  • Odeon
  • PaRR
  • Rust Consulting
  • The Capitol Forum
  • U.S. House Committee on the Judiciary
  • UC Berkeley
  • Vinson & Elkins LLP
  • Washington Center for Equitable Growth
  • Wexler Wallace LLP
12:00 pm

Registration Opens

12:15 pm

Lunch Buffet

12:30 pm

Welcome

Diana Moss, President, American Antitrust Institute

12:35 pm

Legislative Briefing

Amanda Lewis, Counsel-Detailee, Subcommittee on Antitrust, Commercial, and Administrative Law, U.S. House Committee on the Judiciary

1:00 pm

Break

1:15 pm

Panel 1: Promoting Competition in Pharmaceutical Markets - The State of Play on Policy Responses

Moderator:
Diana Moss, President, American Antitrust Institute

Panelists:
Shannon Curtis, Assistant Director of Federal Affairs, American Medical Association
Cheryl Johnson, Deputy Attorney General, California Department of Justice
Michael Kades, Director of Markets and Competition Policy. Washington Center for Equitable Growth

2:15 pm

Break

2:30 pm

Panel 2: Unpacking the Law and Economics of New Approaches to Limiting Competition in Pharmaceutical Markets

Moderator:
Daniel E. Gustafson, Founding Member, Gustafson Gluek PLLC

Panelists:
Bradley S. Albert, Deputy Assistant Director, Health Care, Federal Trade Commission
Amanda P. Reeves, Partner, Latham & Watkins LLP
Steve Shadowen, Founding Partner, Hilliard & Shadowen

3:30 pm

Group Discussion/Roundtable

4:30 pm

Adjourn

Bradley S. Albert

Deputy Assistant Director, Health Care

Federal Trade Commission

Shannon Curtis

Assistant Director of Federal Affairs

American Medical Association
Advisory Board

Dan E. Gustafson

Founding Member/Governor

Gustafson Gluek PLLC

Cheryl Johnson

Deputy Attorney General

California Department of Justice
Advisory Board

Michael Kades

Director of Markets and Competition Policy

Washington Center for Equitable Growth

Amanda Lewis

Counsel-Detailee, Subcommittee on Antitrust, Commercial, and Administrative Law

U.S. House Committee on the Judiciary
Leadership and Staff

Diana L. Moss

President

American Antitrust Institute

Amanda P. Reeves

Partner

Latham & Watkins LLP
Advisory Board

Steve Shadowen

Shareholder

Hilliard & Shadowen, LLC
Supporting Materials

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