News & Analysis as of

Federal Trade Commission (FTC) Medical Devices Antitrust Provisions

Polsinelli

The FTC’s Challenge to the Listing of Device Patents in the Orange Book: What Challenge?

Polsinelli on

On September 23, 2023, the FTC issued a policy statement advising it would be putting market participants on notice that it intends to scrutinize improper Orange Book listings to determine whether such actions constitute...more

Knobbe Martens

"Improper” Listing of Patents in the FDA’s Orange Book

Knobbe Martens on

As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 2

Editor’s Note: This article is the second in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review.  (Click here to read part 1.) The series is based on our recent webinar, 2023 Health Care...more

Foley & Lardner LLP

Collusion & Competition: What Antitrust Means for AI in Health Care

Foley & Lardner LLP on

Health care companies are increasingly using artificial intelligence (AI) to create innovations, set prices, and compete with rivals. At the same time, federal and state antitrust enforcers are finding new ways to apply...more

Knobbe Martens

Medtronic acquires Intersect ENT, sells Fiagon to Hemostasis LLC as required by FTC

Knobbe Martens on

On May 13, 2022, Medtronic, Inc. announced that it completed the acquisition of Intersect ENT, Inc. The transaction was only able to gain approval of the Federal Trade Commission (FTC) upon the agreement that Medtronic sell...more

White & Case LLP

For COVID-19 Competitor Collaborations, DOJ Antitrust Division’s “Business Review Letter” Offers Easy and Likely Effective...

White & Case LLP on

On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical...more

Seyfarth Shaw LLP

Antitrust Pitfalls: FTC Orders Unwinding of Two-Year-Old Acquisition

Seyfarth Shaw LLP on

In a unanimous Opinion and Final Order issued on November 1, 2019, the Federal Trade Commission (“FTC”) upheld an administrative law judge’s determination that the acquisition by one leading US supplier of lower-limb...more

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