Antitrust partners Claudia Higgins and Saul Morgenstern have authored the “Pharmaceutical Aspects of US Merger Review” chapter for the sixth edition of The Merger Control Review. Their chapter is a new addition to the publication, reflecting the special considerations involved with M&A activity in the globally competitive pharmaceutical industry.
Before delving into the specifics of how the review of pharmaceutical mergers differs from review of mergers in other industries, “Pharmaceutical Aspects of US Merger Review” explores the unique structure of the pharma industry to provide a context for why the differences exist. By offering an explanation of how the industry is different from others, and how those differences necessarily affect any analysis of competition, the chapter helps the reader understand why the FTC treats pharmaceutical (including biologics and medical devices) differently. With this understanding established, the rest of the chapter provides a detailed discussion of the specific procedural issues under HSR regulations, substantive merger review, and remedies and settlement.
The Merger Control Review is published by Law Business Research Ltd in association with Ilene Knable Gotts of Wachtell Lipton Rosen & Katz. It will be distributed and promoted to practitioners worldwide at the IBA Annual Conference 2015 in Vienna, Austria from October 4–9, and the ABA 2015 Fall Meeting in Montreal, Canada on October 24, as well as at many other relevant IBA and ABA conferences and events throughout the course of its publication.
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