Current Merger Enforcement is Working: PhRMA
Pharmaceutical Research and Manufacturers of America (PhRMA) says the current methods used by the Federal Trade Commission (FTC) and Department of Justice (DoJ) to evaluate proposed drug company mergers are working well as demonstrated by FDA statistics. In its comment letter, PhRMA says the level of innovation output of drug companies has remained high over time. The three-year average of NDAs and BLAs approved by FDA rose from 24 in 2010 to 53 in 2020, it says. And research and development as a percentage of sales increased from 21% in 2006 to 35% in 2018.
“PhRMA recognizes that mergers in the pharmaceutical industry do sometimes present competitive issues that are appropriately addressed through antitrust enforcement, including issues related to innovation competition,” the letter says…. “PhRMA supports transparent, industry-neutral guidance articulating the standards that FTC and DoJ will apply in assessing proposed transactions to help companies avoid lengthy, complex merger reviews and/or craft appropriate remedies to address issues that may arise. With respect to analyzing innovation competition, PhRMA submits that current merger guidelines provide ample flexibility for the agencies to investigate the full extent to which mergers may harm innovation and, therefore, do not need to be amended.”
PhRMA cautions that there would be severe negative consequences if the agencies created economically unsound or ambiguous standards for evaluating pharmaceutical mergers and their effects on innovation. “Uncertainty and unwarranted enforcement actions would prevent smaller and emerging firms from bringing their new discoveries to market. Investment in these innovative companies would fall. Fewer products would obtain FDA approval, competition in pharmaceutical markets would be reduced, and consumers would be harmed. Patients who otherwise would have benefited from new drugs and treatments would suffer.”