Is Advising Clients on How to Get Clients Good Legal Practices a Crime?

I The Wall Street Journal It was reported in April that the Justice Department would conduct a “criminal investigation into consulting firm McKinsey related to its previous role in advising the nation’s largest opioid manufacturers on how to increase sales.”

According to the WSJ report, “McKinsey Consultants advised the company [Purdue] about how to increase sales of the high-end drug, including suggesting that Purdue’s sales team make more calls to health care providers it knows write higher volumes of OxyContin prescriptions and spend less time with doctors who have prescribed the opioid at least, records show. Oxy

Think about that. McKinsey reportedly tried to help Purdue consolidate its marketing efforts to physicians already prescribed oral opioid drugs. There is nothing mysterious or sinister about this. It is normal and makes economic sense. To do otherwise would be ineffective and wasteful. Some professionals do this type of work almost every day. A small consulting firm, Objective Insights, Inc. (owned by one of the authors) has done it a few times.

This is from David R. Henderson and Charles L. Hooper, “Is Promoting to Customers A Crime?” American Institute for Economic Research, June 18, 2024.

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