10 Antitrust Developments And Trends to Watch in 2018

January 24, 2018

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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