Exploring the Implications of Recent Court Decisions and Enforcement Activity Related to Product Hopping, Sham Petitioning, Product Bundling and Loyalty Rebating

September 30, 2021 4:15pm

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