Rebecca Kelly Slaughter, FTC acting chair (Susan Walsh/AP Images)

How the SCO­TUS de­ci­sion to gut the FTC could help bio­phar­ma com­pa­nies

The Supreme Court on Thurs­day unan­i­mous­ly de­cid­ed to re­move the Fed­er­al Trade Com­mis­sion’s pow­ers to se­cure bil­lions of dol­lars in re­lief for con­sumers in a wide va­ri­ety of cas­es, leav­ing the door open for bio­phar­ma com­pa­nies to quick­ly end cer­tain cas­es in­volv­ing an­ti­com­pet­i­tive prac­tices.

In essence, the rul­ing would pro­hib­it the FTC from us­ing a sec­tion of the law known as 13(b), which pre­vi­ous­ly al­lowed it to force Te­va Phar­ma­ceu­ti­cals in 2015 to pro­vide $1.2 bil­lion in com­pen­sa­tion to drug whole­salers, phar­ma­cies, and in­sur­ers, who over­paid be­cause of il­le­gal con­duct by a com­pa­ny that Te­va bought.

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