[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] ----------------------------------------------------------------------- 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
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. ---------------------------------------------------------------------------
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