Trends and Developments to Watch – Cooley M&A


Trump’s agency appointments are setting the antitrust agenda in 2018. We offer insights on what to expect in the new year, including an increased scrutiny on vertical mergers; a heightened focus on structural remedies in enforcement actions; a continued spotlight on the pharmaceutical industry – particularly with respect to proposed mergers and reverse payment agreements; a potential Supreme Court ruling on the rule of reason; criminal prosecutions of no-poach and wage-fixing agreements; increased enforcement of cartel activity; an emphasis of IP owners’ rights in antitrust actions; a focus on sham litigation and the misuse of administrative processes to delay generic drug entry; and heightened attention to the use of algorithmic pricing software in the US and EU. Read on to see how these trends may affect your business.

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