The existing (not draft) EMA guidance requires FDA reviewers to apply the ADL endpoint in AD trials. In order for this not to occur, the FDA would have to find a good reason to make an exception. You are arguing as if the presence of a relevant guidance has no meaning.
I am conceding on your overall argument -- in other words, in your favor -- that I no longer trust the FDA today to honor their policies, so that an existing guidance may well, against all good administrative practices, simply be ignored. That would be a bad thing overall for the public, but a good thing in this instance for AVXL stockholders (and the public, given the merits of the draft guidance). Why follow rules and guidances if you don't want to -- or even the laws and the Constitution if they are inconvenient?
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