Antitrust enforcement in the pharmaceutical and biotech industries has been intense—antitrust scrutiny of Hatch-Waxman settlement agreements after the FTC's dramatic loss in Schering, vertical mergers, the authorized generic drug study, and new applications of unilateral theories challenging unilateral product designs and nonpredatory pricing. This session offers a survey of the newest developments, including recent cases and government actions involving the antitrust/intellectual property interface in the biotechnology sphere, with views from the government, business, economics and private practice.



Objectives:

Provide an update on current antitrust issues.

Review antitrust scrutiny of Hatch-Waxman settlement agreements.

Review unilateral theories challenging product designs.