Antitrust Trends in Technology, Life Sciences, and Healthcare

Goodwin's quarterly series provides analysis and commentary on antitrust developments in technology, life sciences, and healthcare.

Latest Quarterly Updates

Antitrust & Competition Life Sciences Quarterly Update Q3 2023

The FTC abandoned its pursuit of a novel theory and settled its Amgen/Horizon lawsuit 10 days before the scheduled preliminary injunction hearing. The FTC continues to explore other novel theories in its ongoing investigation of the Pfizer/Seagen transaction. The FTC remains concerned with “killer acquisitions” — transactions where Big Pharma with a commercial or late-stage asset acquire a clinical- or preclinical-stage asset allegedly with the purpose of eliminating or avoiding future competition. A new trade group formed that is specifically focused on the FTC’s life science antitrust enforcement.

Antitrust & Competition Healthcare Quarterly Update Q3 2023

Private equity roll-up and serial acquisition practices are under heightened scrutiny as the FTC backed up its recent rhetoric by challenging Welsh Carson’s roll-up of anesthesia practices in Texas. California published draft regulations outlining pre-notification requirements for healthcare transactions that will require additional information and extend closing timelines. These regulations specifically reference private equity roll-up transactions and appear to be part of an ongoing effort, in line with the FTC’s actions, to scrutinize private equity firms’ activity in the healthcare space.

Antitrust & Competition Technology Quarterly Update Q2 2023

Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals moving toward resolution (or continuing) in the United States, Europe, and elsewhere.

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