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GLOBAL ANTITRUST INSTITUTE
GLOBAL ANTITRUST CHALLENGES FOR THE
PHARMACEUTICAL INDUSTRY
SEPTEMBER 23, 2014
EDITH RAMIREZ Chairwoman,Federal Trade Commission
THE GLOBAL ANTITRUST INSTITUTE (GAI), A DIVISION
OF THE LAW & ECONOMICS CENTER AT GEORGE
MASON UNIVERSITY SCHOOL OF LAW, IS A LEADING
INTERNATIONAL PLATFORM FOR RESEARCH AND
EDUCATION THAT FOCUSES ON THE LEGAL AND
ECONOMIC ANALYSIS OF KEY ANTITRUST ISSUES
CONFRONTING COMPETITION AGENCIES AND COURTS
AROUND THE WORLD.
The GAI was founded in the belief that if policymakers,
officials, judges, and other relevant stakeholders in
charge of developing and applying antitrust law,
also known as competition law, understand
economics, they will be more likely to make
decisions that promote consumer
welfare and innovation.
THE GLOBAL ANTITRUST INSTITUTE
On September 23, 2014 the GAI will
present a conference on Global Antitrust
Challenges for the Pharmaceutical Industry
in Washington, DC. The conference will
feature panels focusing on competition
policy and life-cycle management
strategies, reverse patent settlements,
antitrust in pharmaceutical markets where
the government is the primary consumer,
rebates and tying, and merger control in
the pharmaceutical industry.
These panels will include some of the
most respected antitrust officials and
practitioners working on pharmaceutical
issues in North America and Europe. In
addition, the conference highlights include
a morning keynote address from Edith
Ramirez, Chairwoman of the US Federal
Trade Commission, and a luncheon
keynote address from John Pecman,
Commissioner of Competition at the
Competition Bureau Canada.
GLOBAL ANTITRUST CHALLENGES FOR THE PHARMACEUTICAL INDUSTRY
SEPTEMBER 23, 2014WASHINGTON, DC8:00 am to 6:30 pm
J.W. Marriott
1331 Pennsylvania Avenue, NW
Washington, DC 20004
Reservations: 1.866.460.7456 or
https://resweb.passkey.com/go/wasjw2014ppc
FEATURED PRESENTERS
ABOUT THE INSTITUTE
JOHN PECMAN Commissioner of Competition,Competition Bureau Canada
8:00 – 8:30 AM
BREAKFAST
8:30 – 8:40 AM
WELCOME AND INTRODUCTION
DAMIEN GERADIN, Conference Chair, Professor of Law, George Mason University School of Law and Partner, Covington & Burling LLP
8:40 – 9:20 AM
KEYNOTE ADRESS
EDITH RAMIREZ, Chairwoman, Federal Trade Commission
9:20 – 10:40 AM
PANEL 1: COMPETITION POLICY AND LIFE-CYCLE MANAGEMENT STRATEGIESThis panel will focus on competition law issues surrounding LCM strategies, including efforts to extend patent protection, product hopping, reverse patent settlements, and product denigration.
SPEAKERSMICHAEL A. CARRIER, Distinguished Professor of Law, Rutgers University School of Law
INGRID VANDENBORRE, Partner, Skadden Arps LLP
PANELISTSERIC J. STOCK, Antitrust Bureau Chief, Office of the Attorney General of New York
AARON GAL, Senior Research Analyst, Sanford C. Bernstein & Co.
HEATHER M. JOHNSON, Attorney, Federal Trade Commission
CHAIRJAMES M. SPEARS, Executive Vice President and General Counsel, The Pharmaceutical Research and Manufacturers of America (PhRMA)
11:00 AM – 12:20 PM
PANEL 2: ANTITRUST AND REVERSE SETTLEMENTS: UNSETTLED ISSUESThis panel will discuss important developments that have taken place in the US and the EU concerning the antitrust treatment of patent settlements. Important issues in the US include what counts as a payment and the role, if any, that the patent merits should have. Important issues in the EU relate to the legal test applicable to reverse patent settlements and what counts as a “value transfer.”
SPEAKERSMARKUS H. MEIER, Assistant Director, Health Care Division, Federal Trade Commission
HENRI PIFFAUT, Head of Unit, Directorate General for Competition, European Commission
PANELISTSMARC E. LEVIN, Counsel, Merck & Co. Inc.
SUMANTH ADDANKI, Senior Vice President, NERA Economic Consulting
CHAIRHENRY N. BUTLER, George Mason University Foundation Professor of Law, George Mason University School of Law and Executive Director, Law & Economics Center
12:20 – 1:30 PM
LUNCHEON KEYNOTE
JOHN PECMAN, Commissioner of Competition,Competition Bureau Canada
1:30 – 2:40 PM
PANEL 3: ANTITRUST IN PHARMACEUTICAL MARKETS: WHEN THE GOVERNMENT IS THE CONSUMER This panel will examine the extent to which antitrust policy may be biased against branded drugs when the government is the largest (or a major) purchaser and controls antitrust enforcement. For example, will transactions or practices that may adversely impact generic entry receive too much attention? Will such a pro-generic bias lead to overly discounted patent rights at the expense of innovation?
SPEAKERSHERBERT HOVENKAMP, Ben and Dorothy Willie Chair, University of Iowa College of Law
GIOVANNI PITRUZZELLA, Chair, Italian Competition Authority
PANELISTSCLAUDIA BERG, Senior Director, Office for General Counsel, UK Competition and Markets Authority
KEES HELLINGMAN, Legal Counsel, Dutch Competition Authority
JOHN D. GRAUBERT, Partner, Covington & Burling LLP
CHAIRJONATHAN B. BAKER, Professor of Law, American University Washington College of Law
3:00 – 4:10 PM PANEL 4: REBATES AND TYING: IMPLICATIONS FOR PHARMACEUTICAL COMPETITION Price competition is highly desirable in any industry, but some pricing strategies may have exclusionary effects, including single-product or multi-product rebates. This panel will explore the question of whether such effects are likely to occur.
SPEAKERSJOSHUA D. WRIGHT, Commissioner, Federal Trade Commission and Professor of Law (on leave), George Mason University School of Law
DAMIEN GERADIN, Professor of Law, George Mason University School of Law and Partner, Covington & Burling LLP
PANELISTSABBOTT B. LIPSKY, JR., Partner, Latham & Watkins LLP
HAL J. SINGER, Principal, Economists Incorporated
D. DANIEL SOKOL, Professor of Law, University of Florida Levin College of Law
CHAIRTHE HONORABLE DOUGLAS H. GINSBURG, Professor of Law, George Mason University School of Law and Senior Circuit Judge, US Court of Appeals for the District of Columbia Circuit
SEPTEMBER 23, 2014J.W. MARRIOTT, WASHINGTON, DC
PROGRAM AGENDA
4:10 – 5:30 PM
PANEL 5: MERGER CONTROL IN THE PHARMACEUTICAL INDUSTRYThe M&A market is extremely active this year with several major deals recently announced. This panel will explore recent developments in US and EU antitrust analysis of pharmaceutical mergers.
SPEAKERSMICHAEL R. MOISEYEV, Assistant Director, Mergers I, Bureau of Competition, Federal Trade Commission
PAUL CSISZAR, Director, Directorate General for Competition, European Commission
PANELISTSILENE K. GOTTS, Partner, Wachtell Lipton Rosen & Katz
MONICA NOETHER, Vice President, Charles River Associates
GEORGE S. CARY, Partner, Cleary Gottlieb Steen & Hamilton LLP
CHAIRTIMOTHY J. MURIS, George Mason University Foundation Professor of Law, George Mason University School of Law and Of Counsel, Kirkland & Ellis LLP
5:30 – 6:30 PMRECEPTION
SEPTEMBER 23, 2014J.W. MARRIOTT, WASHINGTON, DC
REGISTER AT:http://masonlec.org/programs/global-antitrust-institute
REGISTRATION INFORMATION
REGISTRATION FEES$595 (Early bird fee if registered by August 23, 2014)
$695 (If registered after August 23, 2014)
GOVERNMENT, NONPROFIT, ACADEMIC, AND STUDENT FEE
$125 (Early bird fee if registered by August 23, 2014)
$195 (If registered after August 23, 2014)
The fee includes breakfast, lunch, a cocktail reception, andconference materials. Virginia MCLE credit will be offered forthose in attendance. George Mason University School of Lawis an approved provider of CLE in Virginia. Attorneys in otherstates will receive attendance forms to use for self-reporting intheir state.
Hotel accommodations are NOT included in the registration fee. For hotel reservations at the J.W. Marriott, please visit: https://resweb.passkey.com/go/wasjw2014ppc. The conference rate is $279 per night and rooms are limited. Reservations must be made by August 27, 2014, though rooms may sell out prior to that date.
INFORMATIONFor more information and
to register, visit
www.MasonLEC.org or contact
Jeff Smith at [email protected]
or 703.993.8382.
The variety of
background of the
attending officials was
highly stimulating.
The discussion, so
well prepared by the
organizers, offered
insights into the
questions and difficulties
of other authorities
concerning the hot
topics of antitrust today.
– GLOBAL ANTITRUST INSTITUTE
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