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Congressional Investigation of Pharmacy Rebates on Medicaid Drugs

Client Alert | less than 1 min read | 01.16.04

The House Energy and Commerce Committee and its Subcommittee on Oversight and Investigations have asked five large retail pharmacy chains for documents on pharmaceutical reimbursements and rebates under Medicaid. The committee is concerned that drug manufacturers may have been engaged in improper "marketing of the spread," to the detriment of state Medicaid programs. The letters expressed concern that drug manufacturers could be charging low prices on particular prescription medications to their customers, while submitting inaccurate or incomplete cost or price information that becomes the basis of state Medicaid reimbursement for the drug at much higher prices. The January 14th letters were sent to CVS, Eckerd, Rite Aid, Walgreen, and Wal-Mart.

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Client Alert | 4 min read | 09.10.26

European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk....