Eli Lilly and Company, Inc.; Proposed Consent Agreement With Analysis to Aid Public Comment

Résumé

In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would require, among other things, an Indiana producer of pharmaceutical products to: Ensure that 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 inclusion in the PCS open formulary; 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; and, for five years, obtain Commission approval before acquiring an interest in any firm that provides formulary services to more than 2 million people in the United States. In addition, the consent agreement would prohibit PCS and Eli Lilly from sharing proprietary or other non-public information, such as price data, from competitors whose drugs may be placed on a PCS formulary.