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Congress and politicians have also responded to the pricing controversy inspired by Valeant, Turing, and others. The Senate Special Committee on Aging initiated an investigation of four companies: Retrophin, Rodelis Therapeutics, Turing Pharmaceuticals, and Valeant Pharmaceuticals. 54 Likewise, the House Oversight and Government Reform Committee is investigating several companies55 and House Democrats have created a new investigative task force and plan on summoning executives at Turing and Valeant for a Congressional hearing. 56 On December 16, 2015, Delaware Representative Elijah Cummings sent a letter to the CEO of Valeant Pharmaceuticals threatening a subpoena if he failed to provide the House Committee with requested documents and interviews from witnesses prior to January 8th in preparation for a committee meeting on drug pricing. 57 Presidential candidates Hillary Clinton and Bernie Sanders have made drug pricing and “pharma profiteers” 58 a campaign issue. 59
II. MERGERS, ACQUISITIONS, AND THE FEDERAL TRADE COMMISSION
The FTC is responsible for protecting the public from anticompetitive behavior and deceptive and unfair trade practices. 60 Along with the DOJ, the FTC prosecutes violations of the Clayton Act. 61 The Health Care Division within the FTC’s Bureau of Competition investigates alleged antitrust
Drop, REUTERS (Oct. 15, 2015, 7: 20 PM), http://www.reuters.com/article/us-valeant-pharms- subpoena-idUSKCN0S90XO20151015; Jonathan D. Rockoff, Valeant Pharmaceuticals Under Investigation by Federal Prosecutors, WALL ST. J. (Oct. 15, 2015, 12: 11 AM), http://www.wsj.com/articles/valeant-pharmaceuticals-under-investigation-by-federal- prosecutors-1444874710; Rockoff, supra note 40. 54. Anna Edney & Melissa Mittelman, Valeant, Turing Would Face Subpoena Vote Under Democrats’ Plan, BLOOMBERG (Nov. 4, 2015, 3: 44 PM), http://www.bloomberg.com/ news/articles/2015-11-04/valeant-turing-would-face-subpoena-vote-under-democrats-plan. 55. Mary Ellen McIntire, Cummings Threatens Valeant with Subpoena in House Drug Prices Investigation, MORNING CONSULT (Dec. 16, 2015), http://morningconsult.com/2015/ 12/cummings-threatens-valeant-with-subpoena-in-house-drug-prices-investigation/. 56. Edney & Mittelman, supra note 54. 57. McIntire, supra note 55. 58. Factsheets: Hillary Clinton’s Plan for Lowering Prescription Drug Costs, 2016 HILLARY FOR AMERICA, https://www.hillaryclinton.com/briefing/factsheets/2015/09/21/ hillary-clinton-plan-for-lowering-prescription-drug-costs/ (last visited Mar. 25, 2016); Peter Loftus, Bernie Sanders to Introduce Bill Targeting High Drug Prices, WALL STREET J. (Sept. 9, 2015 7:01 PM), http://www.wsj.com/articles/bernie-sanders-to-introduce-bill-targeting- high-drug-prices-1441839693. 59. Dan Merica, Clinton Takes on ‘Profiteering’ Drug Companies, CNN (Sept. 22, 2015, 8: 27 PM), http://www.cnn.com/2015/09/22/politics/hillary-clinton-drug- companies-obamacare/; Loftus, supra note 58. 60. About the FTC, FED. TRADE COMM’N, https://www.ftc.gov/about-ftc (last visited Mar. 25, 2016). 61. Clayton Act, 15 U.S.C. §§ 12–27 (2013).