The In-House Counsel Forum on

Pharmaceutical Antitrust

Tuesday, May 24, 2005

About

Do you have the critical information you need to maximize the value of your pharmaceutical products while minimizing the antitrust risks?

The importance of antitrust concerns to pharmaceutical manufacturers is greater than ever. Heightened scrutiny and increased enforcement activity by federal and state regulators, not to mention legal challenges from competitors and the plaintiffs' class action bar, have made it vital for companies to carefully consider these complex issues at nearly every stage of a drug's development and life cycle. Recognizing these issues at the outset and understanding your options is key to ensuring that your company does not endure expensive and time consuming repercussions down the road.

Avoiding these pitfalls requires in-house counsel and attorneys advising the pharmaceutical industry to have an up-to-the-minute and in-depth understanding of the antitrust issues which affect how pharmaceutical companies can conduct their vital businesses. To help you overcome these obstacles, American Conference Institute has developed this publication on Pharmaceutical Antitrust to provide you with the tools you need to develop practical defensive and offensive strategies for dealing with antitrust issues in connection with your pharmaceutical products.

This publication will provide you with practical strategies on handling the biggest antitrust challenges facing pharmaceutical companies and insights into compliance hotspots on the horizon, including:

  • Navigating distribution complexities: pricing, exclusive dealing, bundling, tying and more
  • Practical life cycle management strategies to minimize antitrust risk
  • Avoiding antitrust violations in your in-licensing, co-marketing and co-promotion transactions
  • Ensuring potential antitrust objections do not frustrate your planned merger or acquisition
  • Special antitrust considerations in brand/generic and generic/generic transactions
  • Antitrust considerations and strategies when deciding whether (and how) to initiate or settle litigation

Contents & Contributors

About

Do you have the critical information you need to maximize the value of your pharmaceutical products while minimizing the antitrust risks?

The importance of antitrust concerns to pharmaceutical manufacturers is greater than ever. Heightened scrutiny and increased enforcement activity by federal and state regulators, not to mention legal challenges from competitors and the plaintiffs' class action bar, have made it vital for companies to carefully consider these complex issues at nearly every stage of a drug's development and life cycle. Recognizing these issues at the outset and understanding your options is key to ensuring that your company does not endure expensive and time consuming repercussions down the road.

Avoiding these pitfalls requires in-house counsel and attorneys advising the pharmaceutical industry to have an up-to-the-minute and in-depth understanding of the antitrust issues which affect how pharmaceutical companies can conduct their vital businesses. To help you overcome these obstacles, American Conference Institute has developed this publication on Pharmaceutical Antitrust to provide you with the tools you need to develop practical defensive and offensive strategies for dealing with antitrust issues in connection with your pharmaceutical products.

This publication will provide you with practical strategies on handling the biggest antitrust challenges facing pharmaceutical companies and insights into compliance hotspots on the horizon, including:

  • Navigating distribution complexities: pricing, exclusive dealing, bundling, tying and more
  • Practical life cycle management strategies to minimize antitrust risk
  • Avoiding antitrust violations in your in-licensing, co-marketing and co-promotion transactions
  • Ensuring potential antitrust objections do not frustrate your planned merger or acquisition
  • Special antitrust considerations in brand/generic and generic/generic transactions
  • Antitrust considerations and strategies when deciding whether (and how) to initiate or settle litigation

Contents & Contributors


PRODUCT MARKET DEFINITION IN THE PHARMACEUTICAL INDUSTRY
M. Howard Morse, Drinker Biddle & Reath LLP

DEFINING THE "MARKET" AND ITS EFFECT ON ANTITRUST ANALYSIS OF PHARMACEUTICAL COMPANY CONDUCT AND TRANSACTIONS
Scott Stempel, Morgan, Lewis & Bockius, LLP

IN-LICENSING, CO-DEVELOPMENT AND CO-PROMOTION
Melissa S. Barnes, Eli Lilly and Company
Thomas J. Horton, Orrick, Herrington & Sutcliffe LLP
Stephen A. Stack, Dechert LLP

NAVIGATING THE ANTITRUST RISKS IN PHARMACEUTICAL DISTRIBUTION
David Balto, Robins, Kaplan, Miller & Ciresi L.L.P.

NAVIGATING THE ANTITRUST RISKS IN PHARMACEUTICAL DISTRIBUTION
David L. Meyer, Covington & Burling
David Balto, Robins, Kaplan, Miller & Ciresi L.L.P.

PRACTICAL APPROACHES TO PRICE DISCRIMINATION AND ROBINSON PATMAN CHALLENGES
Stephen J. Cipolla, Merck & Co., Inc.
Veronica G. Kayne, Wilmer Cutler Pickering Hale and Dorr LLP

MAXIMIZING LIFE CYCLES/MINIMIZING ANTITRUST RISK
Cathy A. Hoffman, Arnold & Porter LLP
Bruce A. Pokras, Pfizer, Inc.
Elizabeth Stotland Weiswasser, Weil, Gotshal & Manges LLP

ANTITRUST ISSUES: AROUND AUTHORIZED GENERICS
Marc Brotman, Pfizer, Inc.

THE ANTICOMPETITIVE IMPLICATIONS OF AUTHORIZED GENERICS
John W. LaRocca, Alpharma Inc.

AUTHORIZED GENERICS
Seth C. Silber, General Trade Commission

ANTITRUST ASPECTS OF PATENT LITIGATION SETTLEMENTS
Lore Unt, Federal Trade Commission

AVOIDING PITFALLS IN SETTLING PHARMACEUTICAL PATENT DISPUTES
Mark L. Kovner, Kirkland & Ellis LLP

ANTITRUST ISSUES RAISED BY GENERIC PHARMACEUTICAL ALLIANCES
Mark Robbins, Upsher-Smith Laboratories

A SUMMARY OF PHARMACEUTICAL CASES RAISING INTELLECTUAL PROPERTY-ANTITRUST ISSUES
George G. Gordon, Dechert LLP

AN OVERVIEW OF THE ANTITRUST/IP INTERSECT
Jeffrey I. Shinder, Constantine & Cannon



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0