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Rebates, Discounts, And Antitrust: HHS Thinks Law Is On Its Side

 
• By Michael McCaughan

One concern raised ahead of HHS proposal to eliminate the “Safe Harbor” permitting prescription drug rebates is that the alternative – up-front discounts – may run afoul of antitrust law. HHS, however, is advising stakeholders to review the law more carefully.

Antitrust law gavel

The HHS proposal to eliminate prescription drug rebates is bound to generate plenty of comment from stakeholders across the prescription drug supply chain.

One specific item raised briefly by HHS may bring especially lengthy input: “We are interested in and solicit comments on...

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