The Federal Trade Commission (FTC) is revisiting a previously inactive law that scrutinizes volume discounts in the pharmaceutical industry according to recent findings. This not only has potential implications for the pharmaceutical sector but could also impact a wide array of industries, should this interpretation of the law gain ground.
Given the evolving nature of FTC’s enforcement priorities and their potential influence on business operations, Mary Kaiser, a partner at Morrison & Foerster, highlights the importance of closely monitoring these developments. It is crucial that businesses calibrate their compliance policies accordingly, consistent with the direction regulatory agencies’ enforcement measures take.
This in-depth approach the FTC is adopting by examining dormant laws serves as a reminder for companies across sectors to stay on top of not only existing but also underutilized legal and regulatory frameworks. These could be resurrected at any time, with direct ramifications on their business practices.