Advocacy and Testimony

Competition policy plays an important role outside the courtroom. Frequently, state legislatures and state regulatory bodies adopt policies which have a significant impact on competition. As the Policy Director at the FTC, David Balto regularly advised both state legislatures and state regulatory bodies about the proper approach to competition policy. In private practice, he regularly advises firms and consumer groups on competitive advocacy. He regularly publishes articles and testifies before Congress and state legislatures on a wide variety of issues, including pending mergers, medical device competition, pharmacy regulation, and healthcare antitrust.

Congressional and Regulatory Testimony of David Balto

Health Care, Insurance, and Pharmacy Regulation:

• David Balto testified in front of the Senate Committee on Commerce Science and Transportation to ensure transparency in the market for prescription drugs on May 5, 2022. 
• David Balto and Andrew Barlow sent a letter to the Federal Trade Commission expressing concerns about the AbbVie-Allergan merger, and that the proposed divestiture of the drug brazikumab will not adequately remedy the merger's anticompetitive concerns. The letter was sent on behalf of Families USA, Public Citizen, U.S. PIRG Education Fund, Service Employees International Union (SEIU), American Federation of State, County, and Municipal Employees (AFSCME), UNITE HERE, Consumer Action, American Federation of Teachers, Alliance for Retired Americans, American Family Voices, Doctors for America, End AIDS Now, Prescription Justice, Social Security Works, the Other 98, Treatment Action Group, and NextGen California. 
• David Balto submits comments to Speaker of the House Nancy Pelosi in support of HR 5304, a bill lowering drug prices by regulating pharmacy benefit managers (PBMs) by requiring transparency and mandating that PBM rebates and discounts be passed on to consumers. The comments were submitted on behalf of Consumer Action, Consumer Federation of America, End AIDS Now, People's Action, SEIU, and Treatment Action Group. 
• David Balto and Andre Barlow submit a letter to the Federal Trade Commission expressing concerns about the AbbVie-Allergan merger. The letter is on behalf of Families USA, Public Citizen, U.S. PIRG Education Fund, SEIU, AFSCME, UNITE HERE, Consumer Action, AFT, Alliance for Retired Americans, American Family Voices, Doctors for America, End AIDS Now, Prescription Justice, Social Security Works, the Other 98, Treatment Action Group, and NextGen California. September 12, 2019. 
• David Balto submits comments to Senate Majority Leader Mitch McConnell and Senate Minority Leader Chuck Schumer on behalf of Consumer Action, Consumer Federation of America, Consumer Reports, Families USA, NETWORK Lobby for Catholic Social Justice, and U.S. PIRG, in support of the CREATES Act. May 7, 2019. 
• David Balto submits comments to the Maine Committee on Health Coverage, Insurance, and Financial Services in support of LD 1504, which would help regulate pharmacy benefit managers and lower prescription drug costs. April 24, 2019.
• David Balto and Andre Barlow submit a letter to Hawaiian Insurance Commissioner Colin Hayashida urging him to find that PBMs have broken the law by denying consumers the right to choose where to purchase prescription drugs, and by harming competition, and also urging him to take appropriate action. April 19, 2019. 
• David Balto submits comments, on behalf of Consumer Action, Consumer Federation of America, Consumer Reports, NETWORK Lobby for Catholic Social Justice, and U.S. PIRG in support of the Department of Health and Human Services's proposal to lower drug prices by eliminating the safe harbor for most PBM rebates. April 8, 2019. 
• David Balto submits written testimony in support of Minnesota bill SF 278, which would regulate pharmacy benefit managers and help lower prescription drug costs. March 26, 2019. 
• David Balto submits written testimony in support of Ohio Bill HB 479, which would regulate pharmacy benefit managers and help lower prescription drug costs. March 18, 2019.
• David Balto submits comments, on behalf of the Alliance for Retired Americans, Consumer Action, Consumer Federation of America, Medicare Rights Center, National Consumers League, Patients for Affordable Drugs NOW, and U.S. PIRG, in support of a call letter from the Centers for Medicare and Medicaid Services that would promote access to generic drugs and lower out of pocket costs for patients. March 1, 2019. 
• David Balto submits written testimony, on behalf of Consumer Action, in support of Montana Bill SB 71, which would help regulate pharmacy benefit managers and lower prescription drug costs, February 1, 2019. 
• David Balto submits comments, on behalf of Consumer Reports, U.S. PIRG, Consumer Action, and Universal Healthcare Foundation of Connecticut, opposing the merger of CVS and Aetna and arguing the proposed divestiture is not adequate to protect consumers and competition, December 17, 2018.
• David Balto submits letter, on behalf of Consumer Action, Consumer Reports, Patients for Affordable Drugs NOW, Public Citizen, and the U.S. PIRG Education Fund to the Food and Drug Administration, urging the FDA to ensure that citizen petitons aren't abused by drug companies to stifle competition and block access to generic drugs, December 3, 2018.
• Testimony on behalf of Consumer Action to the New York Department of Financial Services, regarding the proposed merger of Aetna and CVS, on the ground that the merger will harm competition and consumers and lead to higher costs and less choice, October 18, 2018. 
• David Balto submits letter, on behalf of Patients for Affordable Drugs, U.S. PIRG, Consumer Action, Institute for Liberty, America's Health Insurance Plans, Consumers Union, Society for Patient Centered Orthopedics, and the Coalition to Protect Patient Choice, to the Federal Trade Commission, supporting the FTC's attempts to stop sham and anticompetitive actions that block access to generic and biosimilar drugs, August 20, 2018. 
• David Balto submits letter, on behalf of Consumer Action and the Coalition to Protect Patient Choice, to the Federal Trade Commission, regarding the proposed acquisition of Essilor by the eyewear company Luxottica, on the grounds that the merger will harm competition and consumers and lead to higher costs and less choice, January 9, 2018.
• David Balto submits letter, on behalf of Consumer Action, Consumer Federation for America, Consumers Union, and Patients for Affordable Drugs to the Food and Drug Administration about the need to end abuses of the regulatory process that block entry and development of more affordable generic drugs, September 19, 2017.
• Testimony on PBM Reform and Regulation Before the California Senate Committee on Business, Profession and Economic Development, March 20, 2017.
• Testimony on H.R. 372, the “Competitive Health Insurance Reform Act of 2017”, Before the House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, February 16, 2017.
• White Paper on The Problems of Health Insurance Merger Remedies, Before the U.S. Department of Justice. 
• Comments on behalf of the Consumer Federation of America and the Funeral Consumers Alliance, July 12, 2016. 
• Statement on Developments in the Prescription Drug Market, Before the House Committee on Oversight and Government Reform. February 4, 2016.
• Testimony on Pharmacy Benefit Management Competition, Before the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law, November 17, 2015.
• White Paper on Health Insurance Mergers: The Vital Role of State Insurance Commissioners in Investigating Anthem-Cigna and Aetna-Humana, Before the New Hampshire Health Insurance and Manage Care Committee.
• Testimony on H.97: Pharmacy Benefit Management MAC Transparency Legislation, Before the Vermont Legislature. February 26, 2015.
• Comments concerning the effects of Pharmacy Benefit Managers' narrow networks on patients and specialty pharmacy, on behalf of the Independent Specialty Pharmacy Colaition to the FTC and DOJ on the Joint Healthcare Workshops, April 30, 2015.
• Comments on behalf of the American Antitrust Institute concerning the Mass. AG's Proposed Settlement with Partner's Health. Sept. 11, 2014. 
• Testimony on Pharmacy Benefit Management Compensation and Fee Disclosure to Welfare Benefit Plans under Section 408(b)(2) of ERISA, Before the Employee Benefits Security Administration, US Department of Labor. June 19, 2014.
• Testimony on Pharmacy Benefit Management regulation legislation, Before the Pennsylvania House Committee on Health, October 8, 2013
• Testimony on the ACA, Consildation and the Impact on Competition in Health Care, Before the House Judiciary Committee, Subcommittee on Regulatory Reform, Commercial and Antitrust Law. September 19, 2013.
• Testimony on the Express Scripts-Medco PBM Merger, Before the Senate Judiciary Committee, Subcommittee on Antitrust, Competition Policy, and Consumer Rights. December 6, 2011.
• Testimony on the UPMC-Highmark Dispute, Before the Pennsylvania State Senate Committee on Banking and Insurance.  September 13, 2011.
• Testimony on Health Industry Consolidation, Before the House Committee on Ways and Means, Subcommittee on Health.  September 9, 2011.
• Testimony on Section 408(b)(2) Regulation Fee Disclosures to Welfare Benefit Plans, Before the Employee Benefits Security Administration, U.S. Department of Labor.  December 7, 2010.
• “The Need for a New Antitrust Paradigm in Health Care,” Testimony Before the House Judiciary Committee, Subcommittee on Courts and Competition Policy on Antitrust Laws and Their Effects on Healthcare Providers, Insurers and Patients.  December 1, 2010.
• "The Need for Greater Fee Disclosure Among the PBM Industry," Testimony Before the Employee Benefits Security Administration, U.S. Department of Labor.  December 7, 2010.
• Testimony on the Benefits of Transparency in the Health Care Marketplace, Before the Massachusetts Division of Insurance.  July 28, 2010.
• "Antitrust Enforcement Agencies Face Unprecedented Challenges,"  Testimony Before the House Judiciary Committee, Subcommittee on Courts and Competition Policy.   July 27, 2010. 
• "Problems Arise When Pharmacy Chains Own Pharmacy Benefit Managers,"  Testimony Before the Ohio Senate Insurance, Commerce, and Labor Committee.  February 23, 2010.
• "Protecting Consumers and Promoting Health Insurance Competition,"   Testimony Before the House Judiciary Committee, Subcommittee on Courts and Competition Policy. October 8, 2009.
• "The Effects of Regulatory Neglect on Health Care Consumers,"  Testimony Before the Senate Committee on Commerce, Science and Education.  July 16, 2009
• "Regarding HF 120: Health Care Cooperative Arrangement Oversight Established, Rural Area Health Care Service Access Increased, and Money Appropriated."  Testimony Before the Minnesota State Committee on Commerce and Labor.  March 24, 2009
• "Reviving Competition in Health Care Markets" Testimony Before the FTC. October 17, 2008.
• "A Progressive Vision for Antitrust Enforcement to Protect the Opportunities for Small Businesses and to Protect Consumers,"  Testimony Before the House Small Business Committee.  September 25, 2008.
• Testimony on the Proposed Recommendations for Considertion on the Proposed Merger of Highmark and Independence Blue Cross, Before the Senate Banking and Insurance Committee. September 23, 2008.
• "Consumers Suffer as Health Insurers Consolidate,"  Testimony Before the Senate Judiciary Committee, Subcommittee on Antitrust, Competition Policy, and Consumer Rights.  July 31, 2008.
• "The Impact of our Antitrust Laws on Community Pharmacies and Their Patients," Testimony Before the House Judiciary Committee, Antitrust Task Force.  October 18, 2007.
• Testimony on the United Health Group Proposed Acquisition of Sierra Health Services, Before the Nevada Commissioner on Insurance. July 27, 2007.

Competition Policy:

• Testimony on Maryland SB 858 Concerning Indirect Purchaser legislation, before the Maryland Senate Finance Committee, March 15, 2017. 
• Comments Asking the Intellectual Property Enforcement Coordinatory to Study Copyright Statutory Damage Reform, to the Office of Management and Budget, October 16, 2015.
• Comments Supporting 6(b) Study on Patent Trolls on Behalf of The National Restaraunt Association, to the Federal Trade Commission, December 13, 2013.
• Testimony in Support of the Retail Service Station Amendment Act of 2011, Before the District of Columbia Committee on Government Operations and the Environment. June 17, 2011.
• “The Federal Trade Commission’s Bureau of Competition and the U.S. Department of Justice’s Antitrust Division,” Testimony before the House Judiciary Committee, Subcommittee on Courts and Competition Policy.  July 27, 2010.
• “Oversight of the Enforcement of the Antitrust Laws,” Testimony Before the Senate Judiciary Committee, Subcommittee on Antitrust, Competition Policy and Consumer Protection. June 9, 2010.
• "Competition that Works: Why the Google Books Project Is Good for Consumers and Competitors," Testimony Before the House Judiciary Committee. September 10, 2009.
• "A Progressive Agenda for Antitrust Enforcement at the Antitrust Division,"  Testimony Before the Senate Judiciary Committee.  March 10, 2009.
• "The Ticketmaster-Live Nation Merger: What Does It Mean for Consumers and the Future of the Concert Business?"  Testimony Before the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights.  February 24, 2009.
• "A Progressive Vision for Antitrust Enforcement to Protect the Opportunities for Small Businesses and to Protect Consumers,"  Testimony Before the House Small Business Committee. September 25, 2008.
• "Signed, Sealed, Delivered?,"  Testimony Before the House Judiciary Committee. September 9, 2008.
• "The Merging Meat Market,"  Testimony Before the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights.  May 7, 2008.

Advocacy

• CVS-Aetna Merger is a Robber Baron's Dream Come True, December 6, 2017.
• Increasing Competition and Choice, March 7, 2014.
• Reinvigorating Antitrust Enforcement, July 12, 2011.
• Making Health Reform Work, February 28, 2011.
• Making Health Care Competition Work, June 25, 2010.
• McCarran-Ferguson Antitrust Reform 101, February 22, 2010.
• Make the Market Work for Health Care, February 9, 2010.
• Unlocking Competition, October 28, 2009.
• Don’t Leave It to the States, October 22, 2009.
• Removing Obstacles to Generic Drug Competition, June 23, 2009.
• Restoring Trust in Antitrust Enforcement, May 11, 2009.
• A Perfect Storm, January 16, 2009.
• What Bank Mergers Mean for Credit Cards, December 16, 2008.

Letters

• Letter to Federal Trade Commission  on behalf of Patients for Affordable Drugs, U.S. PIRG, Consumer Action, Institute for Liberty, America’s Health Insurance Plans, Consumers Union, Society for Patient Centered Orthopedics, and Coalition to Protect Patient Choice regarding anticompetitive strategies by brand drug companies to illegally extend their patents, August 20, 2018.
• Letter to Senate Judiciary Committee on behalf of leading consumer organizations and unions, Consumer Federation of America, US PIRG, Consumer Action, Alliance for a Just Society, CT Citizen Action Group, DC-37, Main Street Alliance, Sergeants Benevolent Association, and Virginia Rural Health Association, concerning the merger of Health Insurance Companies, September 21, 2015.
• Letter to FTC Chariwoman Edith Ramirez on behalf of leading consumer organizations, Consumer Federation of America, US PIRG, Consumer Action and Consumer Watchdog, concerning the merger of CVS Health and Omnicare, July 29, 2015.
• Letter to FTC Chairwoman Edith Ramirez on behalf of eight national consumer organizations concerning consolidation in the generic pharmaceutical market, and particularly the hostile takeover bid of Mylan by Teva, July 13, 2015.
• Letter to CMS Administrator Marilyn Tavenner on behalf of numerous consumer organizations supporting CMS proposed regulations to Medicare Part D rules expanding pharmacy access to consumers, March 2014.
• Letter to Senator Bill Nelson on behalf of leading consumer organizations supporting legislation to ban pay-for-delay pharmacutical settlements allowing more access to affordable generic drugs, June 2010.
• Letter to Nancy Pelosi and Harry Reid on behalf of the American Antitrust Institute and other major consumer advocacy groups supporting a ban on pay-for-delay pharmaceutical patent settlements, January 2010.
• Letter to Senator Patrick Leahy on behalf of Consumer Federation of America, Community Catalyst, Consumers Union, and U.S. PIRG supporting the Preserve Access to Affordable Generics Act, September 2009.
• Letter to The Honorable Secretary Donald Clark, Comments on the Generic Drug Study, June 2006.
• Letter to The Honorable Chairman Duane Mutch, Comments on North Dakota H.B. 1332, November 2005.