On Friday, February 3, 2023, the Department of Justice’s (“DOJ”) Antitrust Division formally withdrew three longstanding policy statements relating to antitrust enforcement in health care markets.1 The withdrawal is significant for all companies that are engaged in benchmarking and other information-sharing activities. Unlike the DOJ, the Federal Trade Commission (“FTC”) has neither withdrawn the policy statements nor commented on the DOJ’s withdrawal of the policy statements. For decades, a wide range of companies and trade associations had […]

M&A activity in the life sciences space proceeded largely as usual in 2022, with most transactions receiving expected levels of agency scrutiny and closing in the normal course despite aggressive rhetoric from new leadership at both agencies. Notably, the government has thus far not applied more novel theories of antitrust harm outside of the tech space, and both agencies have met skeptical judges in other ongoing litigations.
Life Science M&A Activity Has Continued but No […]