[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31117-31118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15486]
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FEDERAL TRADE COMMISSION
[Docket No. C-3594]
Eli Lilly and Company, Inc.,; Prohibited Trade Practices, and
Affirmative Corrective Actions
AGENCY: Federal Trade Commission.
ACTION: Consent order.
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SUMMARY: In settlement of alleged violations of federal law prohibiting
unfair or deceptive acts or practices and unfair methods of
competition, this consent order requires, among other things, and
Indiana producer of pharmaceutical products to: ensure that the
acquired company, PCS Health Systems (PCS), maintains an open
formulary; appoint an independent Pharmacy and Therapeutics (P&T)
Committee of health care professionals to objectively evaluate drugs
for
[[Page 31118]]
inclusion in the PCS open formulary; and, ensure that PCS accepts all
discounts, rebates or other concessions offered by Eli Lilly's
competitors for drugs that are accepted for listing on the open
formulary, and to accurately reflect such discounts in ranking the
drugs on the formulary. Pursuant to the modification of the proposed
consent agreement, Eli Lilly would only need to obtain prior approval
for an exclusive distribution agreement with McKesson Corporation. In
addition, the consent order prohibits PCS and Eli Lilly from sharing
proprietary or other non-public information, such as price data,
obtained from Eli Lilly competitors whose drugs may be placed on a PCS
formulary.
DATES: Complaint and Order issued July 28, 1995.\1\
\1\ Copies of the Complaint, the Decision and Order, and
statements from the Commission and Commissioner Azcuenaga are
available from the Commission's Public Reference Branch, H-130, 6th
Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580.
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FOR FURTHER INFORMATION CONTACT:
Michael McNeely, FTC/S-3231, Washington, D.C. 20580 (202) 326-2904.
SUPPLEMENTARY INFORMATION: On Monday, November 28, 1994, there was
published in the Federal Register, 59 FR 60815, a proposed consent
agreement with analysis In the Matter of Eli Lilly and Company, Inc.,
for the purpose of soliciting public comment. Interested parties were
given sixty (60) days in which to submit comments, suggestions or
objections regarding the proposed form of the order.
Comments were filed and considered by the Commission. The
Commission has ordered the issuance of the complaint in the form
contemplated by the agreement, made its jurisdictional findings and
entered an order to cease and desist, as modified, in disposition of
this proceeding.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38
Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C.
45, 18)
Donald S. Clark,
Secretary.
[FR Doc. 96-15486 Filed 6-18-96; 8:45 am]
BILLING CODE 6750-01-M
