The third quarter in the life sciences space saw notable developments in significant agency enforcement actions: The FTC abandoned its pursuit of a novel theory and settled its Amgen/Horizon lawsuit.
Successfully navigating antitrust agency investigations requires a familiarity with Department of Justice and Federal Trade Commission processes, as well as insight into those agencies.
The last few years have brought increasing antitrust agency scrutiny of transactions in the digital economy. Among other actions, the Federal Trade Commission (FTC).
The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky's Certificate of Need ("CON") laws while simultaneously ruling that they met the Fourteenth Amendment's "rational basis" test.