Representative Experience

• Defended Horizon Therapeutics in FTC Part III administrative action and Section 13(b) litigation challenging US$28 billion acquisition by Amgen as anticompetitive. Developed advocacy regarding impact of CMS drug pricing regulations, U.S. Food and Drug Administration drug development regulations, the Anti-Kickback Statute, market access practices, and patient/physician preferences concerning orphan drugs affected the combined firm’s incentive and ability to engage in bundled rebates with payors and Pharmacy Benefit Managers.*
• Defended One Medical in FTC second request investigating US$3.9 billion acquisition by Amazon for compliance with antitrust laws. Developed advocacy before FTC regarding how the proposed transaction enhanced current and future competitiveness for primary care services.*
• Counseled high-tech and pharmaceutical companies on achieving substantial compliance in second requests, prepared Hart-Scott-Rodino and ex-U.S. filings, drafted antitrust deal protections for M&A agreements, joint defense agreements, and clean team agreements. Prepared white papers in defending pharma, medical device, and high-tech transactions before FTC and DOJ.*
• Counseled broadcasting client in private class action litigation alleging price fixing and anticompetitive information exchange involving television advertising, including preparing depositions for senior executives, developing strategy around class certification and other dispositive motions, and negotiating discovery disputes.*
• Counseled high-tech and pharmaceutical companies on vertical and resale price maintenance antitrust implications of exclusivity agreements, distribution agreements, and minimum advertised price policies.*
• Defended Qualcomm in FTC litigation challenging standard essential patent licensing and modem chipset sales practices as anticompetitive under Sherman Section 2.*

*Matters handled prior to joining Foley.