Press Coverage July 2, 2021

Pfizer, Sanofi’s Pharmaceutical Rebate Suits Get on FTC’s Radar

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Barbara T. Sicalides

Troutman Pepper Partner Barbara T. Sicalides is quoted in the Bloomberg Law article, “Pfizer, Sanofi’s Pharmaceutical Rebate Suits Get on FTC’s Radar.”

“The FTC may use the losses in private cases as evidence that the current interpretations or applications of antitrust laws are inadequate, and maybe as an argument that the laws need to be changed,” said Barbara Sicalides, a partner at Troutman Pepper.

…

“When the conduct in question involves lowering prices, the cases are much more difficult to win because the economic evidence, the scrutiny, and elements of proof are much harder to muster,” Sicalides said.

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“The FTC may be using this information as part of their argument to Congress that they should have increased funding as well as additional legal tools,” Sicalides said. “I think the outcomes of those cases will be used whether its a failure or success.”

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