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:

• 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 Pennsylvania State Senate Committee on Banking and Insurance.  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 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

• 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.