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

September 30, 2021 11:45am

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