pdf

O’Melveny’s Fabish Authors Law360 Article on REMS Abuse Enforcement

April 24, 2015 O'Melveny & Myers counsel Anna Fabish authored the April 23, 2015, Law360 article, "Why REMS Abuse Doesn't Belong In Antitrust Litigation." According to Fabish, antitrust law may not allow agencies and courts to efficiently address risk evaluation and mitigation strategies, known as “REMS.” She argues that the FDA is the appropriate body to address allegations of REMS program abuse. Instead of "relying on the ill-fit mechanism of the antitrust laws to deal with this issue, the FDA should develop new review and enforcement tools that will allow it to be a responsive, effective arbiter of such conduct," she writes.

Fabish resides in O’Melveny’s Los Angeles office and is a member of the Firm’s Antitrust and Competition Practice.