Last week, Bureau of Competition staff published a report on filings received in fiscal year (FY) 2016 under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), the thirteenth such report since the MMA took effect in 2004.
The great majority of attorneys appearing before the Commission share a sense of practicing at the height of our profession. They engage with Commission staff on pressing issues of fact, antitrust law and economic theory in matters of great importance to consumers and our economy. For a few, however, there may be perceived opportunities to seek an advantage in the debate through misrepresentation of key facts. For those few, we want to remind practitioners that attorneys appearing in an investigation or administrative proceeding owe a duty of candor and professionalism to the Commission
On May 1, the Federal Trade Commission registered for the International Competition Network’s Framework for Competition Agency Procedures (CAP), making it a founding member of the ICN’s most recent initiative to promote fair and informed competition enforcement procedures around the world.
In written submissions to the Bureau or the Commission, be brief, be direct, and avoid repeating points made in previous papers. Wherever possible, multiple aligned parties should prepare joint submissions. Submit any written materials well in advance of a meeting—not less than three days beforehand—so the Bureau and the Commission have time to receive input from staff and consider your arguments.
(Note: The first draft of this post was three paragraphs long.)