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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, will jointly host listening sessions to discuss ways to make prescription drugs more affordable for Americans by promoting competition. The three listening sessions will occur under the direction of Assistant Attorney General Gail Slater and FTC Chairman Andrew N. Ferguson.

The listening sessions will focus on improving the affordability of pharmaceuticals by increasing generic and biosimilar availability and promoting competition through drug formularies and benefits. The sessions, which will feature remarks by practitioners and scholars, will cover 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.

The listening sessions will be streamed from each event page, linked below. After each session, videos and transcripts will be made available on each event page.

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

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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 will focus on strategies employed by incumbent manufacturers to delay or exclude generic or biosimilar competition. It will provide 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 to be discussed include:

  • Current trends around potential pay-for-delay agreements
  • Exclusive agreements for API supply and restricted distribution
Panel 2

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

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

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

Thursday, July 24, 2025

Panel 1

Benefit and Formulary Practices and Regulations that Harm Drug Competition

This panel will focus 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 will also focus on how applicable regulations distort competitive incentives or encourage firms to focus on rent seeking, rather than price and quality. The panel will address 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
Panel 2

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

This panel will discuss the anticompetitive concerns from improper Orange Book listings and sham litigation. The panel will describe the interplay between the various agencies tasked with overseeing this conduct (e.g., FDA, PTO, FTC, and DOJ) and suggest 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.

Monday, August 4, 2025

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

Updated August 5, 2025