Showing archive for: “FTC”
The FTC World Keeps On Turning
You’re no doubt aware that we’ve had a presidential election since my last column. Agency news seems pallid, in comparison, but those of you who’ve come here looking for deep insights into what it all means are liable to be disappointed, not to mention zero in number. “The Meaning of Life” is a movie by ... The FTC World Keeps On Turning
Antitrust at the Agencies: PBM Madness at the FTC, Part 2
As I noted in my last post, the Federal Trade Commission (FTC) announced Sept. 20 that it had filed a complaint: against the three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—and their affiliated group purchasing organizations (GPOs) for engaging in anticompetitive and unfair rebating practices that have artificially inflated the ... Antitrust at the Agencies: PBM Madness at the FTC, Part 2
FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
My last post highlighted a July 2024 Federal Trade Commission (FTC) interim staff report that was critical of pharmaceutical benefit managers (PBMs)—so-called “middlemen” firms that specialize in negotiating with drugmakers for rebates on the list prices of drugs. I explained that the interim report’s analysis is at odds with economic research that delineates the substantial economic benefits ... FTC Sues ‘Big 3’ Pharmaceutical Benefit Managers
Antitrust at the Agencies: PBM Madness at the FTC, Part 1
“Curiouser and curiouser!” Cried Alice (she was so much surprised, that for the moment she quite forgot how to speak good English). — Lewis Carroll, Alice’s Adventures in Wonderland Let’s start more modestly, if less cleverly, with “curious.” The Federal Trade Commission (FTC) announced Sept. 20 that it had filed a complaint: against the three ... Antitrust at the Agencies: PBM Madness at the FTC, Part 1
The FTC Takes On Pharmaceutical Benefit Managers
The Federal Trade Commission (FTC) announced Sept. 20 that it was suing the three largest pharmaceutical benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and Optum—alleging competition and consumer-protection law violations. This commentary provides information on controversies surrounding the economic effects of PBMs that led up to the suit. A follow-up commentary will assess the lawsuit ... The FTC Takes On Pharmaceutical Benefit Managers
Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
You’ve been involved in antitrust issues at major tech companies for decades. How has the approach to antitrust changed over time, both from the company perspective and the regulatory side? The evolution has been significant. When I started at IBM in the 1970s, we were in the midst of a 13-year U.S. Justice Department (DOJ) ... Don Rosenberg: Navigating Antitrust in Tech – Insights from a Legal Veteran
Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
The Biden administration has emphasized “antitrust on steroids” and intrusive regulation as key elements of its economic policy. This has been counterproductive. Federal enforcers should return to prior bipartisan, less-interventionist consumer-oriented antitrust. On a parallel track, the federal government should focus on deregulatory reform to drive a competitively vibrant, faster-growing American economy. Biden Antitrust Has ... Deregulatory Reform, Not Antitrust, Is Key to A Vibrant US Economy
Antitrust at the Agencies: The Meat of the Matter Edition
The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.” In the ... Antitrust at the Agencies: The Meat of the Matter Edition
Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an Aug. 20 order effectively striking down the Federal Trade Commission’s (FTC) April 2024 rule barring noncompete clauses (“noncompetes”) in employment contracts. Ryan LLC, a global tax-services and software provider, had challenged the rule, which had been scheduled to take ... FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Vacatur’s All I Ever Wanted
Yep, more about noncompetes. I’ve been at this a bit. I’m aware. Just last week, and then again here, here, here, here, and here at Truth on the Market; here in a more formal journal article; and here with my International Center for Law & Economics (ICLE) colleagues and scholars of law and economics. Maybe ... Vacatur’s All I Ever Wanted
Antitrust at the Agencies: Just When I Thought I Was Out Edition
Noncompetes have been a subject of much interest here at Truth on the Market (see Alden Abbott, Brian Albrecht, Corbin Barthold, Gus Hurwitz, Richard Pierce Jr., and your humble-if-obsessive scribe here, here, here, here, and here). They’re also something I’ve studied independently—first, at the Federal Trade Commission (FTC) and then, for example, here. I was ... Antitrust at the Agencies: Just When I Thought I Was Out Edition
