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ARTICLE · 07 APRIL 2021

International Competition Law Working Group Formed To Discuss Pharmaceutical Merger Reviews

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An international working group has been formed to evaluate the approach of competition law agencies in Canada, the United States, the United Kingdom, and Europe relating to pharmaceutical merger reviews.

GlobalAntitrust/Competition Law

An international working group has been formed to evaluate the approach of competition law agencies in Canada, the United States, the United Kingdom, and Europe relating to pharmaceutical merger reviews.

The working group will consider the following issues:

  • the effects of a pharmaceutical merger on innovation;
  • how pharmaceutical conduct (i.e., price fixing, reverse payments, etc.) should be considered during merger review;
  • characteristics of successful divestiture buyers and scope of assets;
  • whether current theories of harm can be expanded and refreshed;
  • what evidence would be required to challenge a transaction based on new or expanded theories of harm; and
  • what types of remedies would work in the cases to which those theories of harm are applied.

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