Webinar

Antitrust in Life Sciences #1 Life science mergers I: New US and EU rules & recent cases

1st webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Gibson Dunn and Herbert Smith Freehills, with Paul Csiszar (Director - Basic Industries, Manufacturing and Agriculture, DG COMP), Kyriakos Fountoukakos (Managing Partner, Herbert Smith Freehills), Stacy E. Frazier (Executive Counsel - Competition Law and Policy, General Electric), Josh Kaul (Attorney General, Wisconsin Department of Justice), Stephen Weissman (Partner, Gibson Dunn) and Robert Willig (Professor, Princeton University).

- Interview with Paul Csiszár, by Kyriakos Fountoukakos: Available for all (see above)

- PPT Presentations: Available for Concurrences+ subscribers (see above)

- Video: Available for Concurrences+ subscribers (see below)

- Audio: Available for Concurrences+ subscribers (see above)

- Synthesis: Available for Concurrences+ subscribers (see above)

- Transcript: Available for Concurrences+ subscribers (see above)

- Concurrences Event Materials (Click Read More below and see page’s bottom)

- Concurrences Related Articles (Click Read More below and see page’s bottom)

Check the Upcoming Conferences section for the next webinars.


SYNTHESIS

Robert Willig indicated that new laws have been proposed to renew antitrust in the US and to make it stricter. However, they would likely make antitrust more arbitrary rather than more strictly rigorous and rational. For instance, one of the main projects is the Competition and Antitrust Law Enforcement Reform Act (CALERA) proposed by Senator Amy Klobuchar. It creates a presumption of illegality for all mergers that would significantly raise concentration or for which the parties would reach more than 50 percent market share in any relevant market post-combination. If such were the case, the burden would be on the parties to demonstrate that the merger would not diminish competition in the market. But how can a life sciences firm carry that burden by demonstrating entry or rival expandability or the wrong choice of “any” relevant market, without access to rivals’ confidential information on R&D capabilities, roadmaps and capacity that is crucial for assessing dynamic competition?

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

Speakers

  • DG COMP (Brussels)
  • General Electric (Washington)
  • Herbert Smith Freehills (Brussels)
  • Compass Lexecon (Washington)
  • Wisconsin Department of Justice
  • Gibson Dunn (Washington)

Testimonial