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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