Health Care Antitrust Under President Biden 2.0

Almost One Year In: What Have We Learned About the Democrats’ Approach to Antitrust Policy and Enforcement?

November 16, 2021

Remote

Jake M. Holdreith

Partner

Member of Executive Board

Thomas C. Mahlum

Partner

Co-Chair, Health Care Litigation Group

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust Under President Biden 2.0,” our lawyers reconvene to provide in-house counsel and business leaders with their insights into what we have learned since, in light of top-level appointments in the Department of Justice and Federal Trade Commission, and legislative and regulatory initiatives. Topics to be discussed include:

  • What we have learned from President Biden’s key antitrust appointees so far, including Lina Khan and Jonathan Kanter, and what this suggests about antitrust policy in the health care sector;
  • What may be expected from the President’s own leadership in the antitrust area, as indicated by his July 2021 Executive Order on Promoting Competition in the American Economy and his pronouncements about prescription drug prices;
  • What may be expected by way of antitrust legislation from a newly assertive Congress;
  • What we know about the Biden administration’s approach to mergers in the hospitals/health care sectors;
  • What changes we see with regard to Section 1 enforcement in health care, including the FTC’s possible use of rulemaking to ban so-called pay-for-delay deals;
  • What relief, if any, generic drug manufacturers may expect in the face of brand name drug companies amassing patents; and
  • What we can deduce from the FTC and Senate’s apparent “born again” attitude to Section 2 and single-firm conduct.  

Moderator

Laura Song
Associate in the Antitrust and Trade Regulation Group
Robins Kaplan LLP

Panelists

Jake M. Holdreith
Partner; 
Member of the Executive Board;
Leader of the Health and Life Sciences Industry Group
Robins Kaplan LLP

Thomas C. Mahlum
Partner;
Co-Chair of the Health Care Litigation Group
Robins Kaplan LLP

Eamon O’Kelly
Of Counsel in the Antitrust and Trade Regulation Group
Robins Kaplan LLP

Questions? Please contact Christine Berndt at CBerndt@RobinsKaplan.com or 612-349-8404.