Blog Posts

A Timeline of the FTC & DOJ’s Flawed Approach to Life Sciences M&A

A Timeline of the FTC & DOJ’s Flawed Approach to Life Sciences M&A

In recent years, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken an increasingly aggressive approach towards life sciences mergers and acquisitions (M&A). This new approach not only represents a substantial pivot away from the Agencies’ own long-standing precedent of balanced, bipartisan antitrust policy, but also risks obstructing the many complementary relationships that M&A fosters, which are responsible for bringing innovative new treatments and cures to patients.

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Overreach in M&A Enforcement: The Impact on Pro-Innovation Deals That Aren’t Ever Pursued

Overreach in M&A Enforcement: The Impact on Pro-Innovation Deals That Aren’t Ever Pursued

In recent months, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have pursued an increasingly aggressive new approach towards mergers and acquisitions (M&A). Taken together, the Agencies’ recently finalized Merger Guidelines and proposed premerger notification rule under the Hart-Scott-Rodino (HSR) Act illustrate a dramatic shift towards greater scrutiny of even procompetitive M&A, which could have a significant impact on innovation.

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Backgrounder: The Role of M&A Policy in the Life Sciences and its Impacts on Innovation

Backgrounder: The Role of M&A Policy in the Life Sciences and its Impacts on Innovation

Mergers and acquisitions allow life sciences companies of all sizes to bring together the resources, investment and expertise needed to develop and deliver new treatments and cures for patients. Unfortunately, the latest merger guidelines and proposed premerger notification requirements issued by the Federal Trade Commission (FTC) and Department of Justice (DOJ) reflect a misguided approach that will prevent and deter pro-innovation M&A and disrupt our world-class American life sciences ecosystem.

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