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Installing Antitrust Firewalls For AI And Other Innovations Law360

Antitrust enforcement has changed rapidly in recent years, driven not only by policy changes, but also by technology shifts in the modern economy. The U.S. Department of Justice recently...


FTC disputes new slate of Orange Book patents for weight loss, diabetes, asthma, and COPD drugs

On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the...


FTC continues to highlight FDA Orange Book patent listings

With the recent filing of an amicus brief in a private pharmaceutical patent infringement case, the Federal Trade Commission (FTC) has continued its focus on allegedly “improperly...


Third Circuit: crime-fraud exception can apply to attorney-client privilege in sham-litigation case

In a ruling with significant implications for companies facing sham-litigation claims, such as those that can arise in the Hatch-Waxman context for pharmaceutical manufacturers, the Third...


Private equity investment in health care remains in U.S. antitrust enforcers’ crosshairs

Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC)...


New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down....


FTC and DOJ finalize new merger guidelines articulating expansive theories of enforcement

On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The...


Antitrust Enforcement in the Health Care Sector to remain a key focus in the Biden Administration

On December 7, 2023, the White House announced a series of initiatives to “lower health care and prescription drug costs by promoting competition.” Citing increasing...


FTC challenges around 100 FDA Orange Book patent listings

The U.S. Federal Trade Commission (FTC) announced that it issued warning letters to 10 drug manufacturers and challenged the Orange Book listings for around 100 patents under the U.S. Food...

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