Big Pharma Takes on the FTC

Jon Dubrow commented on the Pharmaceutical Research and Manufacturers of America (PHRMA) lawsuit against the FTC for giving more antitrust reviews to drug patent transfers, noting FTC statistics that few such deals now receive antitrust scrutiny. “PhRMA’s position is that the FTC has gone several steps beyond what the statute allows for and it’s not just a matter of interpreting the statute,” Mr. Dubrow said, adding that although “normally federal agencies get substantial deference in promulgating rules related to the statutes they implement,” if the judge in the case agrees with PhRMA, “I don’t think she will give substantial deference to the agency.”