Larissa Bergin is a partner with Jones Day in Washington. Her practice addresses the antitrust concerns arising from M&A matters, joint ventures, federal investigations, and commercial practices. She has overseen the antitrust aspects of corporate M&A, including due diligence, risk-shift negotiations, Hart-Scott-Rodino (HSR) filings, Second Requests, investigational hearings, integration planning, and consent decrees with federal agencies. She works with clients in a variety of industries, including the technology, health care, retail, and pharmaceutical sectors. Many of Larissa’s clients have international reach, and she has been involved in matters that require advocacy before governments throughout Asia, the EU, and North America.
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In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of reason" (...)
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards Antitrust reform has become a popular topic in the halls of Congress, academia, and even some (socially distant) gatherings. The topic has slowly picked up pace (...)
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Last week, the U.S. Department of Justice ("DOJ") launched the Procurement Collusion Strike Force ("PCSF") to detect, investigate, and prosecute antitrust crimes in government procurement, grant, and program funding, at all levels of government. This interagency partnership includes prosecutors (...)
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In Short The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the alleged violation occurred in the past and the defendant was not "violating" or "about to violate" the law. The Impact: The (...)
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New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities* Last week, the Patient Right to Know Drug Prices Act ("Act") became law. The Act requires pharmaceutical companies to disclose to antitrust agencies agreements between biologic and biosimilar (...)
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