The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Health Care”

The Many Tradeoffs of Trump’s ‘Fat Shot’ Deal

Earlier this month, President Donald Trump announced deals with drugmakers to reduce prices and expand access to GLP-1 weight-loss drugs like Ozempic, Zepbound, and Wegovy. Originally developed to help diabetics manage their blood sugar, the drugs mimic the natural hormone glucagone-like-peptide-1 (GLP-1). GLP-1s trigger the pancreas to release insulin at times of high blood-sugar levels, ... The Many Tradeoffs of Trump’s ‘Fat Shot’ Deal

The NIH ‘Access Plan’ Mandate: Central Planning by Another Name

When the National Institutes of Health (NIH) announced in July that it would move forward with a Biden-era proposal to require “access plans” for companies seeking to license NIH-owned patents, the decision stunned many in the innovation community. Industry groups warned that this new bureaucratic hurdle would “kill NIH licensing.” They’re right, and not merely ... The NIH ‘Access Plan’ Mandate: Central Planning by Another Name

First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition

Last week’s “listening session” on pharmaceutical competition, hosted jointly by the U.S. Justice Department (DOJ) and Federal Trade Commission (FTC), may go down as an important precursor to the Trump administration’s promised campaign to lower drug prices. While billed as a fact-finding exercise, the discussion revealed competing visions to reform the U.S. pharmaceutical ecosystem, with ... First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition

Some Ups and Downs in the Realm of Consumer Protection

Consumer protection authority has long been a staple of the Federal Trade Commission’s (FTC) enforcement of the FTC Act, beginning with the 1938 Wheeler-Lea amendments to the agency’s establishing statute. And Congress drew an express connection between the FTC’s competition and consumer protection authorities with the introduction of Section 5(n) of the FTC Act, which ... Some Ups and Downs in the Realm of Consumer Protection

The Risks of Adopting Foreign Price Controls for Drugs

Recent reports indicate that President Donald Trump is urging House Republicans to adopt a “most favored nation” (MFN) policy for Medicaid drug purchasing, linking U.S. prices to the lowest rates paid by other countries. While the goal of reducing Medicaid costs is understandable—particularly amid growing concerns about drug affordability—relying on foreign pricing benchmarks would risk ... The Risks of Adopting Foreign Price Controls for Drugs

US Biomedical Leadership Threatened by NIH Licensing Guidelines

New licensing guidelines issued by the National Institutes of Health (NIH) at the end of the Biden administration could undermine American innovation in the biomedical field—a sector in which the United States has long been the world leader. In a period of growing international competition, including threats from China, the Trump administration may want to ... US Biomedical Leadership Threatened by NIH Licensing Guidelines

A Possible Federal Role in Reducing State Red Tape

The incoming Trump administration’s commitment to reduce extremely costly regulatory burdens will feature the new Department of Government Efficiency’s (DOGE) evaluation of federal overregulation. But economic research indicates that harmful regulatory bloat exists at the state level, as well. The new administration may wish to propose solutions to state regulatory overreach that harms many Americans. Generic Overregulation at the State ... A Possible Federal Role in Reducing State Red Tape

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

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

The FTC Case Against PBM Rebates

About a month ago, the Wall Street Journal reported that the Federal Trade Commission (FTC) was preparing an antitrust suit against the nation’s three largest pharmaceutical benefit managers (PBMs), the intermediaries who negotiate drug prices on behalf of insurers and who manage benefits for nearly nine in 10 insured Americans.  This development followed a two-year ... The FTC Case Against PBM Rebates