Unchain the FTC!

As expected, not a single newspaper covered the Supreme Court's refusal to hear the Federal Trade Commission’s appeal of a lower court decision prohibiting the antitrust agency from going after Schering-Plough's sweetheart deal with a generic manufacturer. So don't expect to read about the fact that four senators introduced a bill yesterday that would prohibit deals that keep generic drugs off the market for an additional six months.

Fortunately, FDA Webview, an online subscription newsletter, covered the bill's introduction, whose sponsors included Sen. Charles Grassley (R-IA). According to Sen. Herb Kohl (D-WI), the chief sponsor, “These companies are playing fast and loose with antitrust law and padding their profits by forcing families and the federal government to pay far more than we should for prescription drugs.” Sen. Patrick Leahy (D-VT) pointed out that the Schering-Plough case may be the first time in history that the U.S. Solicitor General under any administration has opposed an FTC request for the Supreme Court to hear an antitrust case.