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