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ARTICLE · 12 MAY 2015

6 Steps For Quick FTC Antitrust Clearance Of Pharma Mergers

Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
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Hogan Lovells Cadwalader

Hogan Lovells Cadwalader

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Of course, we recognize that not all pharmaceutical transactions are alike and differences can impact—sometimes significantly—the parties' FTC strategy and timing.

United StatesAntitrust/Competition Law

The "merger wave" in the pharmaceutical industry is underscoring the need to be able to interact with the antitrust regulators at the Federal Trade Commission (FTC) effectively and efficiently in order to maximize the chances of obtaining Hart–Scott–Rodino (HSR) clearance quickly. Wave or no wave, merging parties typically wish to secure antitrust clearance as soon as possible to realize the associated synergies and commercial momentum, or to increase the certainty associated with a potential transaction if the target is "in-play." But the large number of transactions in the industry today underscores the need for speedy clearance so that companies can stay ahead or keep apace of their peers and maximize shareholder benefits. FTC regulators specializing in the pharmaceutical industry have become, and likely will continue to be for the foreseeable future, extremely busy. As a result, developing an efficient strategy to deal with the FTC and other antitrust agencies

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