Antitrust Implications of Pharmaceutical Pricing: from Martin Shkreli to EpiPen Corporations, Securities & Antitrust Practice Group Teleforum Wednesday, September 13, 01:00 PMFederalist Society Teleforum Conference Call
From Martin Shkreli to the Epipen, decisions about pharmaceutical pricing and distribution have been very much in the news of late. Much of the discussion centers on whether or not it is immoral to charge high prices. The question remains, however, about whether those business practices raise antitrust concerns. Can a high price in and of itself violate antitrust laws? What about policies that limit the channels through which a particular product is distributed? Professor Michael Carrier of Rutgers Law School will analyze these questions, noting the arguments both for and against a finding of antitrust liability, as well as discussing the particular circumstances that have raised a red flag from an antitrust perspective in some of these recent cases.
- Prof. Michael A. Carrier, Distinguished Professor of Law, Rutgers Law School
Warning to Corporate Counsel: If State AGs Can Do This to ExxonMobil, How Safe Is Your Company? Corporations, Securities, & Antitrust Practice Group Teleforum Monday, August 28, 02:00 PMFederalist Society Teleforum Conference Call
Nation-states have long fought wars for control of oil. In a novel development, American states are now fighting a war over control of oil—not with one state attempting to take oil from another, but with some states attempting to deny its use to other states. In 2015, New York’s Attorney General, Eric Schneiderman, began an investigation of ExxonMobil. Then, at a news conference held in New York City on March 29, 2016, Schneiderman said that he and a group of other attorneys general were looking at “creative legal theories” to bring about “the beginning of the end of our addiction to fossil fuel.” The group is comprised of seventeen attorneys general, representing fifteen states, the District of Columbia, and one territory. Opposing these attorneys general from mostly “blue states” are attorneys general from twenty-seven mostly “red states.”
Corporations, Securities & Antitrust Practice Group Podcast
- Prof. John S. Baker, Jr., Ph.D., Visiting Professor, Georgetown University Law Center & Professor Emeritus, Louisiana State University Law Center
With a change in administration, businesses and consumers alike are searching the tea leaves for indications about how new policy setters will analyze market power, mergers and acquisitions. Will economic analysis play a greater or lesser role? Will the conventional distinctions between horizontal and vertical mergers persist? How will consumer interest be weighed? On the international front, is foreign countries’ use of competition laws to influence or judge American businesses on the rise and, if so, to what effect?
Corporations, Securities & Antitrust Practice Group
- Hon. Joshua D. Wright, Professor of Law, Antonin Scalia Law School, George Mason University
Antitrust policy during much of the Obama Administration was a continuation of the Bush Administration’s minimal involvement in the market. However, at the end of President Obama’s term, there was a significant pivot to investigations and blocks of high profile mergers such as Halliburton-Baker Hughes, Comcast-Time Warner Cable, Staples-Office Depot, Sysco-US Foods, and Aetna-Humana and Anthem-Cigna. How will or should the new Administration analyze proposed mergers, including certain high profile deals like Walgreens-Rite Aid, AT&T-Time Warner, Inc., and DraftKings-FanDuel?
This lively luncheon panel discussion covered these topics and the anticipated future of antitrust enforcement. This event was held on June 9, 2017, at the National Press Club in Washington, DC.
- Albert A. Foer, Founder and Senior Fellow, American Antitrust Institute
- Prof. Geoffrey A. Manne, Executive Director, International Center for Law & Economics
- Hon. Joshua D. Wright, Professor of Law, George Mason University School of Law
- Moderator: Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
National Press Club Litigation Practice Group Podcast
Theodore H. Frank February 24, 2017
According to the Competitive Enterprise Institute, over 97% of mergers and acquisitions result in "strike suits," litigation seeking to enjoin a merger that often quickly settles for attorneys' fees and supplemental disclosures to shareholders. In In Re: Walgreen Co. Stockholder Litigation, 832 F.3d 718, a recent case over such a settlement, Judge Richard Posner called the practice a "racket," and the Seventh Circuit rejected the lawsuit’s claims. Meanwhile, Delaware and New York courts have come out on opposite sides of the issue.
Ted Frank of the Competitive Enterprise Institute, who successfully argued Walgreen and has multiple appeals on the subject pending in other jurisdictions, discussed developments in the area over the last year and answer questions.
- Theodore H. Frank, Senior Attorney & Director, Center for Class Action Fairness (CCAF), CEI