US: DOJ closes IV solution shortage antitrust probe, Baxter says

According to Baxter International, the US Justice Department (DOJ) has closed an antitrust probe examining possible communication among producers of intravenous saline solutions during supply shortages that created higher prices.

Baxter, which received a grand jury subpoena in 2017 as part of the investigation, said in a filing with the US Securities and Exchange Commission on Thursday, February 21, that the DOJ informed it on November 30 of its decision to end the probe.

Other companies that in April 2017 disclosed receiving subpoenas as part of the investigation included Pfizer and ICU Medical, which earlier that year had acquired Pfizer’s global infusion therapy business.

Those companies have stated the New York attorney general has also sought records regarding business practices in the IV saline industry. Baxter in its SEC filing said it is cooperating with that investigation.

Baxter, Pfizer, ICU Medical, and the DOJ did not respond to requests for comment on Friday.

The DOJ’s probe came amid a shortage of IV solutions that dated back to late 2013, when producers began notifying hospitals they might experience delivery delays.

The solutions are among the most basic, commonly used hospital supplies needed to hydrate patients.

The US Food and Drug Administration in January 2014 added the solutions to its drug shortage list, at the time saying the shortage was triggered by factors including increased hospital demand, potentially related to flu season.

In 2015, a biparti

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