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ARTICLE · 25 OCTOBER 2019

FTC Ratchets Up Scrutiny On Pharmaceutical Deals

McDermott Will & Emery
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Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC).

United StatesAntitrust/Competition Law
William Diaz
William Diaz
Jonathan Ende
Jonathan Ende
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WHAT HAPPENED:

  • Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC).
  • In September 2019, FTC Chairman Joseph Simons reportedly stated that the FTC will more closely scrutinize deals with overlaps involving products that are still in clinical study or development. Because of the high failure rate of products in early phases of study, the FTC typically has focused on overlaps between marketed products or products near Federal Drug Administration (FDA) approval, g., products in Phase III of the FDA pipeline. Chairman Simons's statement makes clear that the FTC plans to examine earlier stage products while reviewing deals.

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