AAI President and Advisors to Speak at June 14-15 Federal Trade Commission/U.S. Dept. of Justice Workshop on Enforcing the Antitrust Laws in the Pharmaceutical Industry

AAI President, Diana Moss, and AAI Advisory Board members, Michael Carrier and Barak Richman, will speak at the upcoming joint FTC/DOJ workshop: The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers on June 14, 2022 and June 15, 2022. Moss will be joined on the panel, Concentration Levels in the Pharmaceutical Sector, by Patricia Danzon, Wharton School, University of Pennsylvania and Rena Conti, Boston University, Questrom School of Business. The panel will be moderated by Thomas DeMatteo, U.S. Department of Justice. AAI Advisor, Barak Richman, Duke University School of Law, will speak on the panel, Broken Fixes? Remedies in Pharmaceutical Mergers. Michael Carrier, Rutgers Law School, will speak on the panel Prior Bad Acts as Factors in Pharmaceutical Merger Reviews. On June 7, 2022, the FTC also announced a long overdue and welcome inquiry into the pharmacy benefit manager (PBM) industry under the agency’s 6(b) authority.

From the FTC website (condensed):

The Federal Trade Commission and the U.S. Department of Justice, Antitrust Division, will host a two-day public, virtual workshop to explore new approaches to enforcing the antitrust laws in the pharmaceutical industry. The workshop, organized by FTC and DOJ staff, offices of state attorneys general, and international enforcement partners, will take place virtually from 9:00am to 12:00pm EDT on Tuesday, June 14 and 9:00am – 11:30am on Wednesday, June 15. The workshop is the culmination of the Multilateral Pharmaceutical Merger Task Force, formed in March 2021 by then-Acting Chairwoman Rebecca Kelly Slaughter to consider how to address the varied competitive concerns that pharmaceutical mergers and acquisitions raise. Commissioner Slaughter’s keynote will start the first day of the workshop, followed by plenary sessions on market concentration in the pharmaceutical sector and merger remedies. The second day will feature sessions on innovation aspects of pharmaceutical mergers and how conduct by pharmaceutical companies affects merger analysis.

A selection of AAI work on competition and the pharmaceutical industry can be found at:

AAI Has Allergic Reaction to Misguided Decision in EpiPen Monopolization Case (Sanofi v. Mylan) (Amicus Brief – 2021)

From Competition to Conspiracy: Assessing the Federal Trade Commission’s Merger Policy in the Pharmaceutical Sector (Report – 2020)

AAI Urges Third Circuit to Preserve Product Hopping Case on Behalf of Victims of the Opioid Epidemic (In re Suboxone Antitrust Litigation) (Amicus Brief – 2020)

AAI Testifies on Behalf of Consumer Groups at Rare Tunney Act Hearing on Proposed Merger of CVS and Aetna (Letter to DOJ/Testimony – 2019)

Healthcare Intermediaries: Competition and Healthcare Policy at Loggerheads? (Report – 2012)


Selected works from AAI Advisors Carrier and Richman can be found at: 

The Neglected Concern of Firm Size in Pharmaceutical Mergers (Antitrust L. J., forthcoming 2021)

Playing Both Sides? Branded Sales, Generic Drugs, and Merger Policy (Hastings L. J., 2020)

The Evolving Pharmaceutical Benefits Market (J. Am. Med. Assoc., 2018)

Pharmaceutical M&A Activity: Effects on Prices, Innovation, and Competition (Loy. U. Chi. L. J., 2017)