Antitrust and Economic Considerations for Settlements: May it Please the Court, and the FTC

April 23, 2018 2:45pm

George G. Gordon
Partner
Dechert LLP (Philadelphia, PA)

Seth C. Silber
Partner
Wilson Sonsini Goodrich & Rosati (Washington, DC)

Brian R. Tomkins
Partner
Lerner David Littenberg Krumholz & Mentlik LLP (Westfield, NJ)

  • Exploring industry challenges in light of recent court decisions and the Commission’s stance with respect to designing settlement agreements
  • Satisfying the “Rule of Reason” test
  • Drafting and structuring an agreement in accord with new jurisprudence and pending actions
  • Incorporating elements that emphasize the procompetitive nature of the agreement
  • Assessing the role of “no-AG” commitments as to authorized generics and licensing in view of recent FTC guidance
  • Understanding how concepts such as valuation, pricing, government contracting and managed markets, royalties and lost profits apply to these agreements