ACA Likely to Increase Competition, Intensify Enforcement on Drug Access

The FDA will watch how the 2010 Affordable Care Act (ACA) boosts competition among drug companies, and increase enforcement against companies bending the rules for competitive advantage, legal experts say. With the creation of new state and federal drug formularies, pharma companies will experience new pressure to support their product valuation and ensure coverage; that may tempt drug companies to cut corners in their R&D and marketing in ways that undercut competitors. The FDA will be there to referee, Michael Petty, partner at King & Spalding and former associate chief counsel for enforcement at the agency, said Jan. 29. Petty’s comments came at CBI’s Pharmaceutical Compliance Congress in Washington, D.C.
Washington Drug Letter