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Risk Evaluation and Mitigation Strategies (REMS) are designed to ensure the safe distribution of drugs; however, according to a recent report from the Generic Pharmaceutical Association, REMS may be costing the American healthcare system $5.4 billion in annual pharmaceutical spending. This panel, held by the Healthcare and Pharmaceuticals and Federal Civil Enforcement Committees of the ABA Section of Antitrust Law on 19 November 2014, examined a number of important questions surrounding the use of REMS. The panel featured NERA Senior Vice President Dr. Christine Meyer, as well as Jan Rybnicek, Advisor to FTC Commissioner Joshua Wright; Richard A. Feinstein, Partner, Boies Schiller & Flexner LLP; and Alex Brill, CEO, Matrix Global Advisors. Together they discussed whether brand manufacturers have valid justifications for restricting distribution; how the courts should balance potential efficiencies of such behavior against potential anticompetitive effects; and the role of antitrust enforcers in examining and litigating REMS practices. The panel was moderated by Robert Davis, Counsel, Venable LLP.

Learn more via the ABA.