Global Competition Review
Our decades of experience in the life sciences and healthcare industries provide us a nuanced understanding of market dynamics that we leverage into advocacy and counseling to support our clients’ business objectives.
Our antitrust and competition lawyers help clients navigate effectively and efficiently through the full range of pharma and other healthcare-related antitrust and competition matters, including:
What We Do
- Mergers & Acquisitions. We work with clients on front-end risk assessment, risk-shifting negotiations, and the regulatory review process. We have worked to help obtain worldwide clearance for complex and significant mergers and acquisitions that were presumed anti-competitive in the European Union, United States and across the globe.
- Litigation. We handle government and private litigation on behalf of life sciences and healthcare companies in federal and state courts throughout the United States and before EU courts. Where necessary, our antitrust and competition lawyers team with patent and other lawyers, with specialized degrees and experience, to craft litigation strategies tailored to the subject issues, pharmaceuticals, and technologies in dispute.
- Investigations. Baker Botts’ lawyers defend life sciences and healthcare companies in criminal and civil antitrust investigations and have extensive experience of guiding companies through the challenges of cartel investigations.
- Counseling. We understand the unique issues that surround products and services in the bio pharmaceutical, life sciences, and healthcare sectors and have a robust counseling practice in the United States, EU and UK.
Who We Are
Many of our lawyers have worked for competition agencies, and we have strong working relationships with the U.S. enforcement agencies with key healthcare, pharmaceutical and life sciences oversight, including FTC divisions such as Mergers IV, Health Care, Northeast Regional Office, Northwest Regional Office, Western Regional Office, and the Bureau of Economics; the DOJ Healthcare and Consumer Products Section, and state AGs. Our lawyers’ knowledge of and strong working relationships with enforcement and other agencies with key healthcare, pharmaceutical and life sciences oversight—including their mindsets, theories, and potential concerns—benefit our clients.
What Others Say About Us
Global Competition Review
FTC Supports Eliminating FDA Distribution Restraints and Facilitating Entry in Healthcare Consumer Products – Hearing AidsClient Updates
Tearing Down Regulatory Barriers to Healthcare Consumer Product Distribution: FTC's Challenge in Board of Dental Examiners of Alabama Demonstrates Continued Antitrust Pressure to Push Healthcare Products Over-the-CounterClient Updates
A Revolution in EU Merger Control: The Implications of the European Commission’s Revised Referral Policy for Deal Makers in the Life Sciences SectorClient Updates
Fifth Circuit Hands FTC Win in FTC’s First Fully-Litigated Reverse-Payment Case Following the Supreme Court’s Landmark Actavis DecisionClient Updates
How Are Consumers Being Protected in the Wake of COVID-19 Travel Cancellations: Where Do We Stand Globally?Speeches & Presentations
Panelist, ABA Antitrust Section, Consumer Protection Committee
The AIPLA Antitrust News, AIPLA Committee on Antitrust Law
Reverse Payments and Beyond: Antitrust Risks for Pharmaceutical and Biotechnology Companies Amid Heightened Scrutiny of Prescription Drug PricingExternal Article
American Health Lawyers Association PG Briefing
The FDA’s and FTC’s Increased Focus on Generic Drug Competition Signals Enhanced Attention to REMS IssuesExternal Article
ABA’s Antitrust Health Care Chronicle