To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade Commission (FTC) is continuing to closely examine life sciences transactions for both horizontal and vertical concerns. The agency also continues to put the life sciences industry under the regulatory microscope, including through investigations regarding alleged “junk” patents in the Food and Drug Administration’s (FDA’s) Approved Drug Products with Therapeutic Equivalence Evaluations (commonly known as the Orange Book) and the release of its interim staff report on pharmacy benefit managers (PBMs).
In the EU, the European Commission (EC) opened its first abuse-of-dominance probe related to the shelving of a novel pipeline therapy in the veterinary medicine space (Zoetis).
That said, deals are still getting done, as evidenced by the flurry of deals in the radiopharmaceutical and obesity/diabetes spaces that were cleared without any publicly known investigations.
Read the full Antitrust & Competition Healthcare Quarterly Update for Q2 2024 written by Antitrust + Competition lawyers Arman Oruc, Andrew Lacy, Sarah Jordan, Elliot Silver, Charlotte Brundson, and Charlie Stewart here.
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