Claudia Higgins Discusses FTC Disgorgement with Law360
Law360 reported on Cardinal Health Inc.’s settlement to resolve the Federal Trade Commission's (FTC) claim that it illegally monopolized the sale of low-energy radiopharmaceuticals to health care providers in 25 areas. Cardinal must now open up markets in several cities it still dominates as well as return millions of dollars in what the FTC says were ill-gotten profits in the committee’s second-highest disgorgement remedy ever.
DC-based Partner, Claudia Higgins, weighed in on the FTC’s decisions to pursue disgorgement. "In antitrust matters, it can be quite difficult to determine whether the FTC may seek disgorgement in any particular circumstance because each new case will bring its own unique factual underpinnings. With today’s settlement and the pay-for-delay disgorgement matters as examples, however, an experienced antitrust defense counsel should be able to gauge the risk that a client might face to some degree."
On whether additional disgorgement guidance from the commission would be helpful, Higgins said, “If the FTC were to publish guidelines...defense counsel would be able to enhance significantly the reliability and clarity of their answers, which would greatly assist clients as they plan their business conduct.”