Risk Evaluation and Mitigation Strategies (REMS) are designed to ensure the safe distribution of drugs; however, according to the recent GPhA report, REMS may be costing the American health care system $5.4 billion in annual pharmaceutical spending. Do brand manufacturers have valid justifications for restricting distribution? How should the courts balance potential efficiencies of such behavior against potential anticompetitive effects? What should be the role of antitrust enforcers in examining and litigating REMS practices? This panel, a follow-on discussion on the previous Health Care and Pharmaceuticals Committee REMS program that debated whether brand pharmaceutical companies have a duty to deal with generics, will explore these and other important questions surrounding the use of REMS.
Robert Davis, Counsel, Venable LLP
Alex Brill, CEO, Matrix Global Advisors
Christine Meyer, Vice President, National Economic Research Associates
Jan Rybnicek, Advisor to FTC Commissioner Joshua Wright, Federal Trade Commission
Richard A. Feinstein, Partner, Boies, Schiller & Flexner LLP
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