FTC/DOJ Pharmaceutical Merger Workshop Signals Significant Changes Likely in Future Reviews

On June 17, 2022, Cravath prepared a memo for its clients entitled “FTC/DOJ Pharmaceutical Merger Workshop Signals Significant Changes Likely in Future Reviews,” which examines key takeaways from a virtual workshop held by the FTC and the Antitrust Division of the DOJ from June 14‑15, 2022. The workshop focused on agencies’ concerns about consolidation in the pharmaceutical industry and changes they appear to be considering related to future merger reviews, including new approaches to evaluating harm to innovation. The memo concludes such changes could have significant consequences for dealmakers and pharmaceutical companies should engage antitrust counsel as early as possible to ensure they properly assess the antitrust risk posed by mergers they are considering in this changing enforcement environment.

Please click here to read the memo.