Skip to main content

Listening Sessions on Lowering Americans’ Drug Prices Through Competition

Sessions Information

As part of implementing President Trump’s Executive Order No. 14273, Lowering Drug Prices by Once Again Putting Americans First, the Justice Department’s Antitrust Division and the Federal Trade Commission, along with the Department of Commerce and the Department of Health and Human Services, jointly hosted listening sessions to discuss ways to make prescription drugs more affordable for Americans by promoting competition. The three listening sessions occurred under the direction of Assistant Attorney General Gail Slater and FTC Chairman Andrew N. Ferguson.

The listening sessions focused on improving the affordability of pharmaceuticals by increasing generic and biosimilar availability and promoting competition through drug formularies and benefits. The sessions, which featured remarks by practitioners and scholars, covered anticompetitive practices as well as eliminating regulatory barriers and rent seeking. The listening sessions will inform the FTC and DOJ’s joint report on combatting anticompetitive practices in pharmaceutical markets, as mandated by President Trump’s Executive Order.

Press Release: Justice Department and FTC to Host Listening Sessions on Lowering Americans’ Drug Prices Through Competition (June 11, 2025)

Dates and Times

Monday, June 30

2:00 p.m. eastern

Anticompetitive Conduct by Pharmaceutical Companies Impeding Generic or Biosimilar Competition

This event was live streamed.

Thursday, July 24

2:00 p.m. eastern

Formulary and Benefit Practices and Regulatory Abuse Impacting Drug Competition

This event was live streamed.

Monday, August 4

2:00 p.m. eastern

Turning Insights into Action to Reduce Drug Prices

This event was live streamed.

Agenda

Document iconAgenda PDF

Monday, June 30, 2025

Panel 1

Anticompetitive Conduct to Delay, and Forestall Competition from Lower-Priced Alternatives

This panel focused on strategies employed by incumbent manufacturers to delay or exclude generic or biosimilar competition. It provided an overview of recent trends in pharmaceutical patent settlements as well as other strategies employed by these manufacturers to preserve their market share. Specific potential anticompetitive practices discussed included:

  • Current trends around potential pay-for-delay agreements
  • Exclusive agreements for API supply and restricted distribution

Panelists:

  • Mr. Shashank Upadhye
  • Ms. Sneha Dave
  • Mr. Hans Sauer
  • Professor Stephen Schondelmeyer
  • Mr. Markus Meier
Panel 2

Anticompetitive Conduct to Impede and Reduce Competition from Lower-Priced Alternatives

This panel focused on strategies employed by incumbent manufacturers to preserve their market share even after generic or biosimilar entry. Specific potential anticompetitive practices discussed included:

  • Product hopping
  • Rebating strategies
  • Generic drug price-fixing and collusion

Panelists:

  • Mr. Alex Brill
  • Ms. Juliana Reed
  • Ms. Jocelyn Ulrich
  • Mr. James Gelfand
  • Professor Michael Carrier

Thursday, July 24, 2025

Panel 1

Benefit and Formulary Practices and Regulations that Harm Drug Competition

This panel focused on the business relationship between drug manufacturers and PBMs that may impact drug competition, resulting in higher drug costs for health plan sponsors and patients. This panel also focused on how applicable regulations distort competitive incentives or encourage firms to focus on rent seeking, rather than price and quality. The panel addressed a variety of topics, including:

  • Impact of vertical integration of the health insurer, PBM, and specialty pharmacy on incentives to reduce drug costs
  • Formulary design and rebating practices
  • Private label biosimilars
  • Medicare policies and regulations
  • Interchangeability of biosimilars

Panelists:

  • Mr. Tim Dube
  • Dr. Stacie Dusetzina
  • Dr. Cheryl Damberg
  • Ms. Kathleen Jager
  • Mr. Joe Shields
Panel 2

Improper Orange Book Listings and Other Regulatory Abuse by Pharmaceutical Companies to Impede Competition

This panel discussed the anticompetitive concerns from improper Orange Book listings and sham litigation. The panel described the interplay between the various agencies tasked with overseeing this conduct (e.g., FDA, PTO, FTC, and DOJ) and suggested how these agencies can better collaborate to combat potential anticompetitive conduct.

  • Improper Orange Book listings or sham petitioning to FDA
  • Misuse of the REMS process
  • Disparaging the safety and efficacy of generics, biosimilars and interchangeability to hinder the uptake of lower-priced alternatives.

Panelists:

  • Ms. Meryll Toufanian
  • Professor Adam Mossoff
  • Ms. Sarah D'Orsie
  • Ms. Sarah Yim

Monday, August 4, 2025

This session highlighted the most impactful discussion from the previous two sessions. It also included discussion of other potential strategies to reduce drug pricing in the United States.

Panelists:

  • Mr. Thomas DeMatteo
  • Mr. Peter Stein
  • Mr. Nic Pottebaum
  • Ms. Franci Rooney Becker
  • Mr. Peter-Anthony Pappas
  • Mr. John Lee
Updated August 5, 2025