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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 | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....