Vivek Mani is a Vice President with Cornerstone Research based in the firm’s London office. He has over a decade of experience leading teams and consulting to clients on regulatory and litigation issues involving competition. His expertise includes collective actions, cartels, and mergers in Europe and the United States. Mr. Mani’s competition experience covers a range of industries, including automobiles, financial institutions, pharmaceuticals, retail, and telecommunications. Who’s Who Legal has recognized him as a future leader in the competition field. Mr. Mani consults to clients on class certification/collective action issues in antitrust matters in U.S. and UK financial markets. He has analyzed price fixing allegations related to asset and benchmark prices, as well as bid-ask spreads for financial instruments across various trading platforms. Mr. Mani has conducted empirical analyses of large proprietary datasets in the context of price fixing allegations. Mr. Mani has also consulted to pharmaceutical clients on numerous matters, including breach of contract, antitrust, product misrepresentation, and securities and intellectual property. He has addressed issues related to drug development, drug pricing and reimbursement, brand-to-brand competition, generic competition, and damages. Mr. Mani has testified at an arbitration hearing on damages issues in a life sciences matter. Finally, Mr. Mani leads merger review teams for the merging parties in the U.S. and Europe. He has assessed horizontal and vertical issues arising in a range of industries, including industrial goods, retail, technology, and telecommunications. Mr. Mani also has experience in sampling and survey design, and in conducting and critiquing surveys as part of Phase II merger inquiries in Europe. On both sides of the Atlantic, Mr. Mani publishes and speaks extensively on topics related to class certification and collective actions, economic issues in the pharmaceutical industry, and merger analyses. Mr. Mani is a member of Cornerstone Research’s Diversity, Equity, and Inclusion Council.
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In this article, we consider some recent high-profile cases in the EU and the US where intellectual property (IP) rights and competition policy intersect, and discuss the impact of IP rights on the competitive assessment. We begin with reverse payment agreements, and consider the Court of Justice of the European Union (CJEU) judgements in Paroxetine and Lundbeck. Next, we discuss the US Court of Appeals for the Ninth Circuit judgement in FTC v. Qualcomm and the court’s insights on how to assess the competitive effects of licensing practices. We then consider the European Commission’s (the “Commission’s”) recent Aspen investigation and excessive pricing assessments. Finally, we turn to merger control, and describe the role of IP rights in vertical mergers. We conclude by noting rising concerns about transactions that may have an adverse effect on future competition.