FTC’s challenge is the culmination of years of investigation, but choice of venue and theories of harm reveal potential weaknesses....more
10/2/2024
/ Administrative Proceedings ,
Affiliates ,
Drug Pricing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Group Purchasing Organizations (GPO) ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Rebates ,
Section 5 ,
Supply Chain
Despite increasingly aggressive rhetoric from the agencies, 2022 was largely characterized as “business as usual” in the antitrust world. In contrast, 2023 featured a significant step up in enforcement activity, including...more
2/23/2024
/ Acquisitions ,
Amgen ,
Anti-Competitive ,
Antitrust Provisions ,
Bristol-Myers Squibb ,
Clinical Trials ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
IP License ,
Life Sciences ,
Monopolization ,
Pfizer ,
Pharmaceutical Industry ,
Sanofi
The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes -
On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more
2/22/2023
/ Antitrust Violations ,
Contract Terms ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more
5/3/2022
/ Antitrust Provisions ,
Consent Decrees ,
Corporate Sales Transactions ,
Dialysis Providers ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hart-Scott-Rodino Act ,
Life Sciences ,
Mergers ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Private Equity