FTC’s Revival Of Enforcement Policy Could Discourage Drug Rebates

By Gabrielle Wanneh / November 17, 2022 at 12:13 PM
The Federal Trade Commission’s revival of a long-dormant policy might dissuade drug companies from using rebates and discount bundles, according to White & Case Chair of Global Antitrust Practice J. Mark Gidley. The new policy interpretation has put many industries on edge, including drug makers, because it gives the commission broad discretion to punish activity without proving that it’s illegal. Democratic commissioners voted 3-1 to approve the new policy, which they issued Nov. 10. At issue is section 5 of...

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