Day June 22, 2018

Klobuchar, Grassley Urge Federal Trade Commission to Examine Whether “Pay for Delay” Tactics Are Keeping Cheaper Biosimilar Medicines Off the Market

[Office of Sen. Klobuchar, Press Release] U.S. Senator Amy Klobuchar (D-MN), Ranking Member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, and Senator Chuck Grassley (R-IA), Chairman of the Senate Judiciary Committee, urged the Federal Trade Commission (FTC) to examine whether makers of biologic medicines are using strategies like “pay for delay” to hinder or delay biosimilars from entering the market. Biologics are a fast-growing class of medicines that are often more expensive than traditional pharmaceutical products. The use of “pay for delay” deals—the practice of brand-name and generic drug companies using pay-off agreements to delay the introduction of cheaper substitutes—and other anti-competitive tactics for biologics could make some critical prescriptions unaffordable for patients.