Conference Program
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Day 1 - Thursday, September 30, 2021

10:00
Co-Chairs’ Opening Remarks

Ian R. Conner
Partner
Latham & Watkins LLP
(Former Director of the FTC Bureau of Competition, 2019-2021)

Debbie Feinstein
Partner
Arnold & Porter Kaye Scholer LLP
(Former Director of the FTC Bureau of Competition, 2013-2017)

10:15
The Trajectory of A Perfect Antitrust Storm: Examining What the Convergence of Interests in Competition Policy and Law in the New Administration Means for the Life Sciences Industry

Ian R. Conner
Partner
Latham & Watkins LLP
(Former Director of the FTC Bureau of Competition, 2019-2021)

Kenneth Reinker
Partner
Cleary Gottlieb Steen & Hamilton LLP

Jeny Maier
Partner
Axinn Veltrop & Harkrider LLP

  • Examining the latest developments in legislation and competition policy being contemplated by the Biden administration in the realm of pharma antitrust
  • How has the FTC adjusted its enforcement priorities or modified its competitive analysis of pharmaceutical sector conduct due to changes in the economy or political leadership over the past year?
  • What recent efforts are being made to create new laws to prohibit anticompetitive conduct? What is Congress looking at most closely in this area?
  • What changes are we seeing / expected to see with regard to antitrust enforcement under the new administration?
  • Assessing the impact of the recent Supreme Court decision stripping the FTC of authority to seek monetary relief in federal court in antitrust cases
    • Exploring the potential for congressional action and alternative avenues the FTC may pursue, as well as the potential for other enforcers to take action

11:15
Morning Break
11:45
The End of the Mega Deal?: What the Global Life Sciences Industry Needs to Know About The Multilateral Pharmaceutical Merger Task Force and the Future of M&A Internationally

Michael Moiseyev
Partner
Weil Gotshal & Manges LLP
(Former Assistant Director of FTC Bureau of Competition, Mergers I Division, 2003-2020)

Debbie Feinstein
Partner
Arnold & Porter Kaye Scholer LLP
(Former Director of the FTC Bureau of Competition, 2013-2017)

Lisl Dunlop
Partner
Axinn Veltrop & Harkrider LLP

  • Exploring the latest activity of the “Multilateral Pharmaceutical Merger Task Force”
    • What is the cross-border pharma Task Force doing to review and update the approaches employed by antitrust and competition agencies when analyzing pharmaceutical mergers?
    • What theories of potential harm are they identifying with pharmaceutical M+A activity?
    • How are deal reviews likely to become more challenging in the future?
    • How may new review processes be operationalized and what will this mean for the industry?
  • Examining how the FTC, DOJ, European Commission, UK Competition and Markets Authority and China’s competition authorities are all looking at:
    • Reviews of mergers and acquisitions involving nascent / early-stage competitors?
    • Evaluations of vertical mergers
      • Examining the FTC’s recent challenge to Illumina’s vertical merger with Grail
    • The future use of divestiture as an effective remedy for anticompetitive mergers
  • How may recent findings of the European Commission impact global pharmaceutical operations be moving forward?
  • Best practices for moving forward amidst escalating antitrust scrutiny of pharma M+A

1:00
1:1 Networking
1:15
Lunch Break
2:15
A Deep Dive Into Recent Criminal Generic Price Fixing Cases And How They May Change the Outlook for Competition in the Industry

Renata B. Hesse
Partner, Co-Head of Antitrust Group
Sullivan & Cromwell LLP
(Former Deputy Assistant Attorney General, U.S. DOJ, Antitrust Division, 2012-2017)

  • Examining the latest series of lawsuits brought by state AG’s offices alleging collusion to fix prices for generic
  • Assessing recent actions brought by the DOJ alleging conspiracy to fix prices for generic drugs
    • Sandoz, March 2020
    • Glenmark Pharmaceuticals, June 2020
    • Taro U.S.A., July 2020
    • Teva, August 2020
  • What are the DOJ and state AGs looking at in these cases, and will these ongoing criminal antitrust investigations cause permanent changes within the industry?

3:00
What Does the Future Hold for Reverse-Payment Settlement Litigation, Patent Thicketing and Restrictive Distribution Agreements?

Eric Stock
Partner
Gibson, Dunn & Crutcher LLP

Seth Silber
Partner, Antitrust and Consumer Protection
Wilson Sonsini Goodrich & Rosati

Takanori Abe
Managing Partner
ABE & Partners

  • Assessing the latest federal legislative and case law developments impacting the Pay for Delay landscape
  • Analyzing this year’s case law decisions impacting the treatment of non-monetary settlements of underlying patent litigation
    • How are the courts defining what constitutes a “large and unjustified” payment as set forth by FTC v Actavis?
  • Examining court insights regarding the admissibility of expert opinions concerning the likelihood of success of the underlying patent litigation
  • On the state front – examining the new California Pay for Delay legislation: what have the implications and response been?
    • How have the first challenges to reverse-payment settlements under the new law panned out?
    • What future challenges to the statute are anticipated?
    • What other states are looking at similar legislation?
  • With Pay for Delay settlements under increased scrutiny, what other avenues are pharma companies taking to protect their products, and how are the antitrust enforcers responding to those methods?
  • Analyzing the latest activity surrounding the use of patent thickets
    • Takeaways from the recent Abbvie/Humira antitrust lawsuit
  • Examining recent litigation over restrictive distribution agreements
    • FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals / Martin Shkreli

4:00
Afternoon Break
4:15
Exploring the Implications of Recent Court Decisions and Enforcement Activity Related to Product Hopping, Sham Petitioning, Product Bundling and Loyalty Rebating

Katie Nolan Stevaux
Assistant General Counsel, Litigation
Genentech

Jeffrey C. Bank
Partner, Antitrust and Competition
Wilson Sonsini Goodrich & Rosati

Taylor M. Owings
Partner, Antitrust and Competition Practice Group
Baker Botts LLP
(Former Senior Counsel and Chief of Staff, U.S. DOJ, Antitrust Division, 2018 to 2021)

  • Examining the current state of the law on product hopping
    • What is the current FTC stance?
  • An overview of bills being introduced to crack down on the practice of product hopping
  • What do recent court decisions addressing product hopping suggest about how future courts may rule on such cases?
  • Exploring the latest enforcement activity against sham petitioning
  • Taking a look at the industry practice of creating “rebate walls” or “rebate traps” in order to limit competition from rivals – what is the latest regulatory and enforcement response? How is the FTC examining and challenging this practice?
  • Examining recent settlements and antitrust scrutiny of pharmaceutical product bundling

5:15
Co-Chairs’ Recap
5:30
Conference Concludes