Life Science Compliance Update

February

2018

Casting Some Light on Shadow Pricing

Written by , Posted in Uncategorized

Nicodemo Fiorentino, Esq.

Prescription drug prices continue to rise and focus attention on the pharmaceutical industry. Currently the industry faces hearings at the federal level, new legislation at the state level and almost daily media coverage due to this issue. The Sherman Antitrust Act, passed in 1890, is also being used against the industry. Often overlooked, “shadow pricing” and “conscious parallelism” are two ways in which manufacturers allegedly can restrain trade and competition. This article is aimed at helping compliance and legal professionals become familiar with antitrust and how it presents a present and future compliance risk. The article further represents a call for compliance and legal professionals to be involved with how their company sets pricing.


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February

2017

Antitrust and Generic Drugs – A Rare Combination

Written by , Posted in Antitrust

Kaitlin Fallon Wildoner, Esq., Senior Staff Writer, Life Science Compliance Update

Generic drug companies have been on the radar of the Department of Justice (“DOJ”) for several years, and recently the DOJ filed the first documents in the first suit against a generic drug manufacturer. Interestingly, they chose to start with a little-known company, after the company already went after the executives for racketeering charges. This article outlines several different actions focused on generic pharmaceutical manufacturers that are presently working their way through the courts.


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