FTC, DOJ Direct Federal Agencies to Report on Anticompetitive Regulatory Barriers

This overview is excerpted from , Manatt’s subscription service that provides in-depth insights and analysis focused on the legal, policy and market developments. For more information on how to subscribe and to activate a complimentary one week trial to Manatt on Health, please reach out to .

On May 5, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division a joint letter to federal agencies directing them to identify and submit a list of anticompetitive regulations, pursuant to , “Reducing Anti-Competitive Regulatory Barriers.”

Agencies’ submissions of identified regulations, along with recommendations for rescinding or modifying the regulations, are due to FTC/DOJ on June 18. The letter explains that FTC and DOJ will then provide a consolidated list of identified regulations and proposed modifications or rescissions to the Director of the Office of Management and Budget (OMB).

The May 5 letter to agencies identifies several particular areas of interest in health care, stating, that “Federal regulations in the healthcare sector, especially those promulgated under the [ACA], may have the effect of pushing low-cost insurance plans out of the market and inducing vertical consolidation that raises prices, while burdensome pharmaceutical regulations may delay the introduction of new, more affordable medicines.” While the FTC has not yet taken major new action on health care issues under the new Administration, FTC Chairman Andrew Ferguson on April 3 that he would no longer recuse himself from the Commission’s proceeding against pharmacy benefit managers (PBMs) so that the investigation, begun under the Biden Administration, could continue.

For more information on how to subscribe and to activate a complimentary one week trial to , please reach out to .