On December 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new Merger Guidelines. The new guidelines amend, update and replace the numerous versions of merger guidelines previously issued by both agencies, including the 2010 Horizontal Merger Guidelines and the Vertical Merger Guidelines that were issued in 2020 and later withdrawn by the FTC in 2021. Below are our key takeaways, followed by some discussion of how the agencies apply the guidelines and then a deeper-dive into some industry-specific considerations.
Sanofi Terminates Proposed Licensing Agreement with Maze after FTC Complaint
On December 11, 2023, Sanofi released a statement that it will terminate its proposed $755 million licensing agreement with Maze Therapeutics (Maze) shortly after the Federal Trade Commission (FTC) issued an administrative complaint and authorized filing a complaint for preliminary injunction in the United States District Court for the District of Massachusetts to block the deal.
FTC, DOJ and HHS Promoting Competition in Healthcare Industry
On December 7, 2023, the Federal Trade Commission announced that it, the Department of Justice and the Department of Health and Human Services are collaborating to promote competition, lower healthcare costs and improve the quality and availability of healthcare.
Illinois Court Denies Dismissal for Violation of Antitrust Laws
On November 27, 2023, the U.S. District Court for the Northern District of Illinois denied agricultural giant John Deere’s request to dismiss a proposed class action alleging the company has violated antitrust laws.
What’s Next for Antitrust Enforcement After DOJ’s No-Poach Prosecution Dismissed?
On November 15, 2023, the U.S. District Court for the Northern District of Texas granted a motion by the U.S. Department of Justice (DOJ) to dismiss indictments in its last remaining criminal no-poach antitrust case, United States of America v. Surgical Care Affiliates, LLC, et al., No. 3:21-cr-00011-L (N.D. Tex. Nov. 15, 2023). The government’s voluntary dismissal of the case—the first criminal no-poach indictment brought by the DOJ in early 2021—could signify the beginning and end of DOJ’s quest to enforce no-poach agreements as per se violations of the Sherman Act.
Companies Receive FTC Notices Alleging Improper Orange Book Listings
On November 7, 2023, the Federal Trade Commission (“FTC”) announced that it had issued notice letters to 10 life sciences companies regarding 100 patents that the FTC contends are improperly listed in the Orange Book, the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations.
Read the full post on the Duane Morris Life Sciences Law Blog.
FTC Warns Drug Companies About Improper Listings of Patents in Orange Book
On Thursday September 14, 2023, the FTC issued a policy statement warning brand drug companies that improper listing of patents in the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluations, commonly referred to as the “Orange Book” could violate Section 5 of the FTC Act.