John Villafranco Quoted in Fierce Healthcare

Partner John Villafranco was quoted by Fierce Healthcare in ​“FTC Commissioner Firings Spark Legal Uncertainty in PBM Insulin Case.” The article reports on the recent dismissal of two FTC commissioners by President Trump and how that will affect an upcoming lawsuit against the country’s three biggest pharmacy benefit managers. The article references Villafranco’s 2018 Law360 analysis, ​“Can A Single FTC Commissioner Constitute A Quorum?” in its discussion of the historical precedent of the FTC operating with less than five members.

“How can you have a majority of a single member?” Villafranco and former FTC General Counsel Stephen Calkins write. ​“Had the commission really been contemplating empowering a single commissioner, wouldn’t it have mentioned that? Nothing in the commission’s history, structure or purpose suggests an intention to allow a single commissioner to act for the commission.”

Read the full article here.