Trump’s agency appointments are setting the antitrust agenda in 2018. Cooley lawyers 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
- Heightened attention to the use of algorithmic pricing software in the US and EU
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