Overview
Bates White professionals have extensive experience analyzing proposed mergers and acquisitions and examining alleged anti-competitive conduct in the healthcare and life sciences industries. Our experts have testified and consulted on numerous high-profile mergers, government investigations, and private antitrust litigation. We regularly analyze the competitive impacts of challenged conduct including alleged exclusionary practices, contracts, and rebates; "product hopping;" "reverse settlements" in pharmaceutical patent litigation; and collusion. We have also quantified the competitive effects of hospital, physician group, health plan, and manufacturer mergers.
Selected Work
- In Government Employees Health Association (GEHA) v. Actelion Pharmaceuticals LTD., testified regarding market definition and market power on behalf of Actelion in connection with GEHA’s antitrust allegations regarding alleged improper use of Tracleer®’s REMS program to delay entry of generic bosentan formulations. Provided expert report and deposition testimony.
- In Sandoz Inc. v. United Therapeutics Corporation, testified on behalf of United Therapeutics and Smiths Medical regarding issues of market definition, market power, competitive effects, and irreparable harm in connection with antitrust merits and plaintiffs’ motion for a preliminary injunction to enjoin defendants from enforcing allegedly exclusionary contracts pertaining to ambulatory infusion pumps used to administer Remodulin® (treprostinil) Injections.
- In In re Teva Securities Litigation, testified regarding antitrust issues associated with alleged misrepresentations about the sources of Teva’s profits and the competitiveness of markets for generic drugs.
- In Takeda Pharmaceutical Company Limited v. Zydus Pharmaceuticals (USA) Inc., retained as testifying expert by Takeda to analyze market definition, market power, competitive effects, and damages associated with antitrust counterclaims brought by Zydus regarding the allegedly delayed launch of a generic formulation of Takeda’s Prevacid® SoluTab™.
- Retained by Thermo Fisher Scientific Inc. to aid in reviews by antitrust authorities in multiple jurisdictions of its acquisition of Qiagen N.V, a leading global provider of molecular diagnostics and sample preparation technologies.
- On behalf of Express Scripts, analyzed concerns related to possible horizontal effects of its proposed merger with Cigna in markets for PBM services and Medicare Part D insurance, as well as vertical merger concerns related to possible effects on ESI’s incentives to provide PBM services to Cigna’s health insurance rivals.