Transatlantic enforcers working group on pharmaceutical mergers: Reimagining innovation may have side effects
Click here to read the full article onlineThis article examines the questions occupying the newly formed transatlantic working group of leading antitrust enforcers (the EC, the FTC, DoJ, Canadian Competition Bureau and CMA) as it embarks on a mission of determining whether new principles by which to assess a pharmaceutical merger’s effects on innovation are warranted. The article examines sometimes-conflicting cases and merger analyses from both sides of the Atlantic and explores practical issues relating to evidence, counterfactual analysis and remedies, which it invites the working group to consider.