Cleary’s Pharma Bites: Excessive Pricing

Cleary Gottlieb’s Pharmaceutical, Biotech, and Healthcare group is pleased to present the latest installment of its “Pharma Bites” series: FDI in Pharma, Biotech, and Healthcare.

Excessive Pricing – Background

• Excessive pricing cases have historically been rare due to the reluctance of antitrust agencies to engage in price regulation.
• However, there has been a proliferation of excessive pricing cases in the pharma sector in the post-pandemic period (12 cases in 2021-2023).
• Antitrust enforcement focuses on the pricing of off-patent and orphan drugs.
• Common feature is a substantial price hike without a reasonable objective justification.

To learn more about this topic and view the related slide deck, click here.

Cleary’s Pharma Bites series seeks to provide critical updates on a wide range of antitrust, regulatory, arbitration, and litigation issues in the pharmaceutical and biotechnology space. 

To learn more about Cleary’s Pharmaceuticals and Biotechnology practice, click here.