The Federal Trade Commission and the U.S. Department of Justice (DOJ) will host a two-day workshop to explore new approaches to enforcing the antitrust laws in the pharmaceutical industry. The workshop will be held virtually on June 14 and 15 and will be organized by FTC and DOJ staff, offices of state attorneys general, and international enforcement partners.
“The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers” two-day workshop will feature a keynote presentation and panels organized by the Multilateral Pharmaceutical Merger Task Force. The sessions will showcase new learning about competition in the pharmaceutical industry and will assesses whether current enforcement approaches accurately reflect marketplace conditions. The dates are as follows:
- Tuesday, June 14 from 9am – 12:00 noon ET
- Wednesday, June 15 from 9am – 11:30am ET
The workshop will be open to the public, webcast on the FTC’s website, transcribed, and posted online. Registration is not required, and the link to each webcast will be made public on the day of the event.
On the first day of the workshop, FTC Chair Lina M. Khan and Assistant Attorney General for the Antitrust Division Jonathan Kanter will offer introductory remarks, and FTC Commissioner Rebecca Kelly Slaughter will deliver a keynote address, followed by plenary sessions on market concentration in the pharmaceutical sector and merger remedies. The second day features sessions on the innovation aspects of pharmaceutical mergers and how conduct by pharmaceutical companies affects merger analysis.
This workshop is the culmination of the work of the Multilateral Pharmaceutical Merger Task Force, formed in March 2021 by then-Acting Chairwoman Slaughter. Members of the Task Force include staff from the Federal Trade Commission, the U.S. Department of Justice’s Antitrust Division, Offices of State Attorneys General, Canada’s Competition Bureau, the European Commission Directorate General for Competition, the U.K.’s Competition and Markets Authority.
These discussions will provide additional insights for adjusting the competition analysis, as the FTC and DOJ consider comments from their public inquiry into the merger enforcement guidelines. As part of that effort, the agencies have solicited public input from a wide variety of sources, including hosting an international Enforcers Summit and holding listening sessions with Americans directly affected by past mergers.