Date: 16 September 2021
Time: 5:00 PM UTC
Duration: 60 min
Language: English
Format: Online
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United States: Life Sciences in the Antitrust Hot Seat – Key Trends and Guidance for Navigating Increasingly Hostile Waters

Conduct by life sciences companies has long been the subject of intense antitrust scrutiny, with focus in recent years on what some perceive to be high drug prices enabled by anticompetitive acquisitions, sometimes branded as “killer acquisitions,” and conduct that prevents or delays generic entry. With the incoming Biden Administration, signs abound that this scrutiny is very likely to reach new levels in 2021 and beyond.

Current leadership at the FTC has repeatedly signalled that it believes the time has come to rethink its approach toward pharmaceutical merger review. Proposals on the table include steps to broaden the FTC’s assessment of potential theories of competitive harm, taking a deeper look at effects on innovation, and considering conduct such as price fixing and reverse payment settlements. These changes are already beginning to impact the timing and risk profile of pharmaceutical mergers, and further revisions to the FTC’s longstanding framework for assessing pharmaceutical mergers could have very substantial impacts going forward.

In addition to merger review, the FTC, along with state attorneys general, continue to closely scrutinize alleged anticompetitive conduct by life sciences companies, largely focused on conduct alleged to foreclose competitors, such as reverse-payment settlements, sham petitioning, and product hopping. The story on the private litigation side is no different, with plaintiffs increasingly bringing treble damages claims based on aggressive theories of competitive foreclosure, often related to the exercise of intellectual property.

In this webinar we will discuss the latest trends relating to antitrust enforcement in life sciences, from federal and state enforcers to private plaintiffs, and offer guidance for navigating these increasingly hostile waters.

This activity will provide California MCLE credit in the amount of 1.0 hours General. Cooley LLP is a MCLE Approved Activity Provider by the State of California.
This activity will provide New York CLE credit in the amount of 1.0 hour Professional Practice. The content of this course is appropriate for both newly admitted and experienced lawyers. Cooley LLP is approved as an Accredited Provider by the New York Continuing Legal Education Board.

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Jacqueline Grise

Jacqueline Grise is chair of Cooley's antitrust and competition practice group. Her practice focuses on the defense of corporate clients in connection with domestic and international mergers and acquisitions, as well as antitrust counseling and other non-merger matters. She regularly represents clients before the FTC, the DOJ and numerous foreign antitrust enforcement agencies. Jackie has extensive experience counseling clients through the HSR merger review process, including advocating before the agencies, responding to second requests and coordinating antitrust defense strategies in countries around the world. Her clients span a broad range of industries, including life sciences, medical devices, and pharmaceuticals. 

Dee Bansal

Dee Bansal's practice focuses on defending clients in high-stakes antitrust litigation, including complex class actions, and in investigations brought by the Department of Justice, the Federal Trade Commission and State AGs related to claims of monopolization, restraint of trade and unfair and deceptive practices. She also defends corporate clients in connection with mergers and acquisitions and provides antitrust counseling. Dee has been selected as ‘Rising Star in Antitrust Litigation’ in Washington, DC by Super Lawyers (2017–2020) and ‘Ones to Watch for Antitrust Law and Commercial Litigation’ by Best Lawyers (2021).  

Tanisha James

Tanisha James' practice focuses on the representation and counseling of corporate clients in connection with their complex domestic and international mergers and acquisitions, strategic investments, joint ventures, and government and private antitrust investigations. Her clients regularly entrust her with guiding investors and companies through HSR Act merger review analysis and process, negotiating with governmental and private parties, responding to second requests and agency investigations, advocating before the agencies and political bodies, and coordinating cross-jurisdictional antitrust defense strategies. She also provides counseling and training on private equity and minority investments, compliance, distribution and licensing of intellectual property.

David Burns

David Burns’ practice focuses on antitrust and competition law, representing businesses in merger reviews and government investigations before the Department of Justice and Federal Trade Commission, and in antitrust litigation in federal court. David also regularly provides sophisticated counseling for avoidance of antitrust liability on topics such as pharmaceutical patent litigation settlements, IP licensing, joint ventures and the HSR merger review process.

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