Hogan Lovells Publications
"Life Sciences Antitrust and Competition Newsletter."
Life Sciences: Competition & Antitrust Alert, Issue 18,
Hogan Lovells,
08 December 2011
Robert F. Leibenluft,
Corey W. Roush,
Eric J. Stock,
Leigh L. Oliver,
William H. Rawson,
Peter Citron,
Adrian Emch,
Casto González-Páramo Rodríguez,
Tim Capel,
Meghan C. Edwards-Ford,
Mary Anne Mason
This issue begins with two articles on recent Federal Trade Commission (FTC) reports: the first is the FTC's final report on authorized generics; the second is the latest in the FTC's evaluation of patent litigation settlements. Both reports reflect the FTC's continuing concern about so-called "reverse payment" settlements, an area also of concern in the EU, but one in which antitrust challenges have generally not been well received. We then briefly summarize several transactions in which the FTC has required divestitures and other relief, including Grifols/Talecris, Hikma/Baxter, and Teva/Cephalon. Our review of recent U.S. litigation includes discussions of the importance of product market definition and the high bar faced by companies seeking to obtain summary dismissal of antitrust claims based on the Noerr-Pennington doctrine. Read " Life Sciences: Competition and Antitrust Newsletter, Issue 18"
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