Law Offices of David A. Balto

The Law Offices of David A. Balto provides counsel to companies on a broad range of antitrust matters and frequently represents parties before the Antitrust Division of the Department of Justice, the Federal Trade Commission, Congress and state legislatures. 

David Balto
David Balto

The Law Offices of David Balto counsels a wide variety of Fortune 500 companies, small business and consumer advocates on antitrust and consumer protection compliance, strategic alliances, distribution issues, mergers and joint ventures.  With decades of antitrust practice in each of the enforcement agencies and private practice, we effectively represent a broad range of consumer organizations, generic pharmaceutical and medical device manufactures, healthcare providers, retailers, financial services and high technology firms. We are regularly involved in many of the most high profile government antitrust investigations and cutting-edge class-action litigation.  We frequently provide representation for parties in the most sophisticated matters before the Antitrust Division of the Department of Justice, the Federal Trade Commission, Congress and state legislatures. 

 

OCM

David Balto wins John Helmuth Award from the Organization for Competitive markets.  Click here to read more.

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LATEST NEWS

December 6, 2011 - David Balto testifies on behalf of the nation’s leading consumer groups before the Senate Judiciary Committee on the merger of Express Scripts and Medco Health Solution.  David’s testimony highlighted the harm to consumers if two of the three largest pharmacy benefit managers merge. He explained that this merger will make it more likely for Express Scripts to charge more for its services and to pass along less of the savings they obtain to their customers; all consumers will suffer as service and access to their retail pharmacies declines and they are increasingly denied a choice and service; the thousands of consumers who need specialty drugs will be particularly harmed; and the proffered efficiencies of the merging parties do not outweigh the anticompetitive effects and consumer harm that is likely to result from this transaction. Click Here to view David’s testimony.

November 2, 2011 - David Balto explains the need for the FTC to stop the Express-Scripts Medco merger. PBMs have been able to reap skyrocketing profits leading to increased healthcare costs because the PBM market lacks three elements essential for a competitive market: choice, transparency and lack of conflicts of interest. Step up to the plate: FTC needs to stop the Express Scripts-Medco merger.

September 9, 2011 - David Balto testifies before the House Ways and Means Committee on consolidation in the healthcare industry. David Balto's testimony highlighted the harm of further consolidation in the PBM market, should the Express Scripts-Medco merger go through. He explained that the considerable market aggregation that would result from this merger is likely to increase drug costs and harm consumers, public and private payors, pharmacies, and particularly, the patients that rely on specialty drugs. More broadly, Balto also spoke to benefits of greater provider integration, while warning of the cost-driving, problematic nature of aggregation in health insurance markets. Click here to view David's Testimony.

September 6, 2011 - David Balto files Amicus brief to the United States Supreme Court. On behalf of consumer groups AARP and U.S. PIRG, David Balto filed an Amicus brief in support of Petitioner Caraco's brief to combat abusive patent use filings and Orange Book manipulation.  The brief details how these manipulative practices by certain branded drug companies inhibits entry and growth of low cost generic drugs to the market. Click here to view the brief.

August 09, 2011 - David Balto weighs in on the Express Scripts Medco merger, saying that doctors should be concerned about combining two of the three major pharmacy benefit managers.  See Medco-Express Scripts merger would further concentrate PBM market. American Medical News. 

July 12, 2011 - David Balto assesses the Obama administration's antitrust enforcement up to now and offers recommendations to strengthen that enforcement going forward. The report can be found here.