The Federalist Society

David Balto

Principal, Law Offices of David Balto and Health Policy Program Fellow, New America Foundation

David Balto is one of the leading experts on healthcare competition and regulation and is an antitrust attorney with over a quarter century of experience in both the private and public sectors. He is a prolific writer and speaker on antitrust, consumer protection, and health care policy.

Mr. Balto has over 15 years of government antitrust experience as a trial attorney in the Antitrust Division of the Department of Justice and in several senior level positions at the Federal Trade Commission during the Clinton Administration, including Policy Director of the Bureau of Competition (1998-2001) and attorney advisor to Chairman Robert Pitofsky (1995-1997). In these positions, he was a senior advisor in all aspects of the FTC's merger and non-merger enforcement program, helping to litigate the challenges to the Staples/Office Depot, Drug Wholesalers, and Heinz/Beechnut mergers.

Mr. Balto also helped guide many of the FTC's seminal pharmaceutical and healthcare enforcement efforts, identifying and helping litigate major cases such as the challenges to patent settlement agreements, hospital mergers, and other exclusionary conduct. He was an advisor in many of the FTC's pharmaceutical merger enforcement cases, including Glaxo/Smithkline, Merck/Medco, Lilly/PCS and Ciba/Sandoz, and was instrumental in bringing some of the first enforcement actions against pharmacy benefit managers (PBMs). He was also an author of the 1996 DOJ/FTC healthcare antitrust enforcement guidelines, and served as a liaison on competition issues to the Food and Drug Administration and Congress, advising several Committees on pharmaceutical competition and Hatch-Waxman reform.

Since his transition to private practice, Balto has testified before Congress and state legislatures numerous times on healthcare competition issues and the competitive concerns in health insurance and pharmacy benefit management markets. He has authored studies on health care concentration (sponsored by the Robert Wood Johnson Foundation) and healthcare transparency.  He frequently represents hospitals, pharmacies and other healthcare providers in antitrust matters before the DOJ and the FTC.

Mr. Balto received his B.A. from the University of Minnesota, and his J.D. from the Northeastern University School of Law.


Publications

The Federalist Society