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Prior Bad Conduct By Pharma Companies Could Be ‘Plus Factor’ In Merger Review

 
• By Brenda Sandburg

Experts suggest US FTC and DOJ retrospectively assess whether a merger gives companies increased leverage with PBMs and consider how it will impact vulnerable communities. Rutger’s Michael Carrier says there should be a presumption against mergers between two large firms.

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Past anticompetitive behaviour of pharma companies could influence FTC merger analysis • Source: Shutterstock

Past anticompetitive conduct of pharmaceutical companies can signal potential problems with a proposed merger, experts acknowledged, suggesting that the US Federal Trade Commission and Department of Justice consider such behavior a “plus factor” in their analysis of certain mergers.

During the second day of a two-day virtual workshop on pharmaceutical mergers, panelists discussed how a company’s prior “bad acts”...

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