On February 3, 2020, the Federal Trade Commission ("FTC") and the Food and Drug Administration ("FDA") issued a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive practices in the "biologic marketplace." As discussed below, the FTC and FDA are targeting a broad range of conduct, including alleged restrictions on access to biologic drug samples, false and misleading marketing practices, and certain patent litigation settlements between biologic and biosimilar drug manufacturers. Background A biologic drug is generally a pharmaceutical whose active ingredient is a large, complex molecule that is produced using biotechnology in a living system, such as a microorganism, plant cell, or animal cell. [1] "The nature of biological

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