Foley & Lardner LLP Partner Monica Chmielewski is quoted in the Evaluate Vantage article, “US deal watchdog’s bark could be worse than its bite,” discussing the impact of the U.S. Federal Trade Commission’s (FTC) increased scrutiny on deals is having on the biopharma M&A market.
Chmielewski said the FTC’s stance is “causing a sense of caution. Companies are engaging in additional planning and review, pre-merger, and really trying to anticipate what the FTC may look at.”
“We now have to plan for a focus not only on an [approved] product-by-product basis, but for an expanded FTC review that asks: is the potential acquisition going to have an anticompetitive effect on the development of drugs that are in the pipeline, and is the acquisition going to seek to eliminate a competitive threat?” she explained.
“When we have the new election cycle, depending on who ends up in office, things could change,” Chmielewski added. “But I think that for the next few years the FTC’s going to follow on the path that we’re on right now.”