It’s a green light for Federal Trade Commission enforcement. As many as 40 deals done in 2012 can be considered pay-to-delay, up from 28 the year before. Because there is no statute of limitations, the FTC has said it can make you investigate retroactively.
Mark your calendar for Tuesday, Oct. 15, when the FTC’s top enforcement officer and two stars of the Washington healthcare antitrust bar engage over the present — and future — of drug patent settlements.
Without ever leaving your office, you’ll have a ringside seat as the FTC’s Markus Meier discloses — and debates — FTC enforcement policy with: Seth Sibler, Partner, Wilson Sonsini Goodrich & Rosati PC (Conference Chair); and Jeff Brennan, Partner, McDermott Will & Emery LLP.
For years, the federal courts have wrestled with pay-to-delay deals. The FTC has argued they almost surely harm competition and therefore violate antitrust laws. Now the Supreme Court has ruled 5-3 in the FTC’s favor, creating a new playing field.
This virtual conference brings you up-to-the-minute information, alerting you to FTC strategy and tactics and helping unravel legal tangles. You’ll discover answers to such key questions as:
· How the Activis ruling affects options for settling Hatch-Waxman lawsuits
· How size of payment and size of market affects risk of antitrust litigation
· Which “side deals” will face greatest scrutiny by the FTC
· How likely are challenges to no-authorized-
· How Activis may affect settlements filed with the FTC prior to the ruling
· How the FTC is investigating and enforcing pending pay-to-delay cases
· What sort of relief the agency will seek for consumers
· How the FTC monitors private litigation alleging pay-to-delay agreements
· In which situations the FTC can be expected to file amicus briefs
· What the FTC looks for in new settlements under the Medicare Modernization Act of 2003 (“MMA”) — anticompetitive concerns
· And muchmore
You’ll discover what the Activis decision really says … What to do if you’re in the middle of structuring a patent deal right now … whether no-authorized-
Most importantly, you’ll discover what the FTC is thinking. Who will the agency target first? How much time will it spend on retroactive prosecutions?
The FTC says many pay-to-delay cases have no statute of limitations — meaning the agency can investigate and prosecute cases long considered closed. If drug patents are your life’s blood, you owe it to yourself — and your team — to register now. (http://www.fdanews.com/
Meet Your Faculty
Markus Meier is Assistant Director, Health Care Division, FTC Bureau of Competition, managing a staff of more than 30 lawyers and support staff. Mr. Meier leads investigations and litigation involving alleged violations of the antitrust law by pharma companies, hospitals, health plans, physicians and other healthcare professionals. Mr. Meier joined the FTC in 1990 following more than 20 years’ service as an officer in the U.S. Army.
Seth Silber (Chair) is a partner in the Washington office of Wilson Sonsini Goodrich & Rosati PC. His antitrust practice focuses on the pharma and healthcare markets, including pharmaceutical patent settlements, mergers and acquisitions, and anticompetitive conduct. He regularly represents clients before both the FTC and Justice Dept. Mr. Silber was an FTC lawyer from 2000-2006, working at all levels of antitrust and enforcement. During 2004-2006, he served as an advisor to Commissioner (now FTC Chair) Jon Leibowitz, advising on enforcement of anticompetitive conduct and merger cases affecting industries, including healthcare and medical devices.
Jeff Brennan is a partner in the Washington office of McDermott Will & Emery LLP, focusing on mergers, litigation, government investigations and counseling in healthcare. As Associate Director of the Bureau of Competition, Mr. Brennan directed FTC merger and non-merger investigations and enforcement across healthcare and other industries, with a focus on health care competition. Previously, he headed the FTC's Health Care Services and Products Division, responsible for managing antitrust investigations, litigation, and policy affecting drug and device manufacturers, hospitals, healthcare professionals and group purchasing organizations. He holds the FTC's Award for Distinguished Service, with special recognition for achievements in the healthcare sector and merger analysis.
Who Will Benefit
· General Counsel
· Outside Counsel
· VP/ Directors of Regulatory Affairs
· VP/Directors of IP
· VP/Directors of Portfolio Management
Pay-to-Delay Settlements in the Wake of Activis
Current, Former FTC Officials Offer Answers
**FDAnews Virtual Conference**
Oct. 15, 2013 — 10:00 a.m. – 12:30 p.m. EDT
$747 per site -- includes virtual conference registration and audio cds and transcripts
4 Easy Ways to Register
By phone: 888-838-5578 or 703-538-7600