GLOBAL ANTITRUST INSTITUTE

GLOBAL ANTITRUST CHALLENGES FOR THE

PHARMACEUTICAL INDUSTRY

SEPTEMBER 23, 2014

EDITH RAMIREZ Chairwoman,Federal Trade Commission

THE GLOBAL ANTITRUST INSTITUTE (GAI), A DIVISION

OF THE LAW & ECONOMICS CENTER AT GEORGE

MASON UNIVERSITY SCHOOL OF LAW, IS A LEADING

INTERNATIONAL PLATFORM FOR RESEARCH AND

EDUCATION THAT FOCUSES ON THE LEGAL AND

ECONOMIC ANALYSIS OF KEY ANTITRUST ISSUES

CONFRONTING COMPETITION AGENCIES AND COURTS

AROUND THE WORLD.

The GAI was founded in the belief that if policymakers,

officials, judges, and other relevant stakeholders in

charge of developing and applying antitrust law,

also known as competition law, understand

economics, they will be more likely to make

decisions that promote consumer

welfare and innovation.

THE GLOBAL ANTITRUST INSTITUTE

On September 23, 2014 the GAI will

present a conference on Global Antitrust

Challenges for the Pharmaceutical Industry

in Washington, DC. The conference will

feature panels focusing on competition

policy and life-cycle management

strategies, reverse patent settlements,

antitrust in pharmaceutical markets where

the government is the primary consumer,

rebates and tying, and merger control in

the pharmaceutical industry.

These panels will include some of the

most respected antitrust officials and

practitioners working on pharmaceutical

issues in North America and Europe. In

addition, the conference highlights include

a morning keynote address from Edith

Ramirez, Chairwoman of the US Federal

Trade Commission, and a luncheon

keynote address from John Pecman,

Commissioner of Competition at the

Competition Bureau Canada.

GLOBAL ANTITRUST CHALLENGES FOR THE PHARMACEUTICAL INDUSTRY

SEPTEMBER 23, 2014WASHINGTON, DC8:00 am to 6:30 pm

J.W. Marriott

1331 Pennsylvania Avenue, NW

Washington, DC 20004

Reservations: 1.866.460.7456 or

https://resweb.passkey.com/go/wasjw2014ppc

FEATURED PRESENTERS

ABOUT THE INSTITUTE

JOHN PECMAN Commissioner of Competition,Competition Bureau Canada

8:00 – 8:30 AM

BREAKFAST

8:30 – 8:40 AM

WELCOME AND INTRODUCTION

DAMIEN GERADIN, Conference Chair, Professor of Law, George Mason University School of Law and Partner, Covington & Burling LLP

8:40 – 9:20 AM

KEYNOTE ADRESS

EDITH RAMIREZ, Chairwoman, Federal Trade Commission

9:20 – 10:40 AM

PANEL 1: COMPETITION POLICY AND LIFE-CYCLE MANAGEMENT STRATEGIESThis panel will focus on competition law issues surrounding LCM strategies, including efforts to extend patent protection, product hopping, reverse patent settlements, and product denigration.

SPEAKERSMICHAEL A. CARRIER, Distinguished Professor of Law, Rutgers University School of Law

INGRID VANDENBORRE, Partner, Skadden Arps LLP

PANELISTSERIC J. STOCK, Antitrust Bureau Chief, Office of the Attorney General of New York

AARON GAL, Senior Research Analyst, Sanford C. Bernstein & Co.

HEATHER M. JOHNSON, Attorney, Federal Trade Commission

CHAIRJAMES M. SPEARS, Executive Vice President and General Counsel, The Pharmaceutical Research and Manufacturers of America (PhRMA)

11:00 AM – 12:20 PM

PANEL 2: ANTITRUST AND REVERSE SETTLEMENTS: UNSETTLED ISSUESThis panel will discuss important developments that have taken place in the US and the EU concerning the antitrust treatment of patent settlements. Important issues in the US include what counts as a payment and the role, if any, that the patent merits should have. Important issues in the EU relate to the legal test applicable to reverse patent settlements and what counts as a “value transfer.”

SPEAKERSMARKUS H. MEIER, Assistant Director, Health Care Division, Federal Trade Commission

HENRI PIFFAUT, Head of Unit, Directorate General for Competition, European Commission

PANELISTSMARC E. LEVIN, Counsel, Merck & Co. Inc.

SUMANTH ADDANKI, Senior Vice President, NERA Economic Consulting

CHAIRHENRY N. BUTLER, George Mason University Foundation Professor of Law, George Mason University School of Law and Executive Director, Law & Economics Center

12:20 – 1:30 PM

LUNCHEON KEYNOTE

JOHN PECMAN, Commissioner of Competition,Competition Bureau Canada

1:30 – 2:40 PM

PANEL 3: ANTITRUST IN PHARMACEUTICAL MARKETS: WHEN THE GOVERNMENT IS THE CONSUMER This panel will examine the extent to which antitrust policy may be biased against branded drugs when the government is the largest (or a major) purchaser and controls antitrust enforcement. For example, will transactions or practices that may adversely impact generic entry receive too much attention? Will such a pro-generic bias lead to overly discounted patent rights at the expense of innovation?

SPEAKERSHERBERT HOVENKAMP, Ben and Dorothy Willie Chair, University of Iowa College of Law

GIOVANNI PITRUZZELLA, Chair, Italian Competition Authority

PANELISTSCLAUDIA BERG, Senior Director, Office for General Counsel, UK Competition and Markets Authority

KEES HELLINGMAN, Legal Counsel, Dutch Competition Authority

JOHN D. GRAUBERT, Partner, Covington & Burling LLP

CHAIRJONATHAN B. BAKER, Professor of Law, American University Washington College of Law

3:00 – 4:10 PM PANEL 4: REBATES AND TYING: IMPLICATIONS FOR PHARMACEUTICAL COMPETITION Price competition is highly desirable in any industry, but some pricing strategies may have exclusionary effects, including single-product or multi-product rebates. This panel will explore the question of whether such effects are likely to occur.

SPEAKERSJOSHUA D. WRIGHT, Commissioner, Federal Trade Commission and Professor of Law (on leave), George Mason University School of Law

DAMIEN GERADIN, Professor of Law, George Mason University School of Law and Partner, Covington & Burling LLP

PANELISTSABBOTT B. LIPSKY, JR., Partner, Latham & Watkins LLP

HAL J. SINGER, Principal, Economists Incorporated

D. DANIEL SOKOL, Professor of Law, University of Florida Levin College of Law

CHAIRTHE HONORABLE DOUGLAS H. GINSBURG, Professor of Law, George Mason University School of Law and Senior Circuit Judge, US Court of Appeals for the District of Columbia Circuit

SEPTEMBER 23, 2014J.W. MARRIOTT, WASHINGTON, DC

PROGRAM AGENDA

4:10 – 5:30 PM

PANEL 5: MERGER CONTROL IN THE PHARMACEUTICAL INDUSTRYThe M&A market is extremely active this year with several major deals recently announced. This panel will explore recent developments in US and EU antitrust analysis of pharmaceutical mergers.

SPEAKERSMICHAEL R. MOISEYEV, Assistant Director, Mergers I, Bureau of Competition, Federal Trade Commission

PAUL CSISZAR, Director, Directorate General for Competition, European Commission

PANELISTSILENE K. GOTTS, Partner, Wachtell Lipton Rosen & Katz

MONICA NOETHER, Vice President, Charles River Associates

GEORGE S. CARY, Partner, Cleary Gottlieb Steen & Hamilton LLP

CHAIRTIMOTHY J. MURIS, George Mason University Foundation Professor of Law, George Mason University School of Law and Of Counsel, Kirkland & Ellis LLP

5:30 – 6:30 PMRECEPTION

SEPTEMBER 23, 2014J.W. MARRIOTT, WASHINGTON, DC

REGISTER AT:http://masonlec.org/programs/global-antitrust-institute

REGISTRATION INFORMATION

REGISTRATION FEES$595 (Early bird fee if registered by August 23, 2014)

$695 (If registered after August 23, 2014)

GOVERNMENT, NONPROFIT, ACADEMIC, AND STUDENT FEE

$125 (Early bird fee if registered by August 23, 2014)

$195 (If registered after August 23, 2014)

The fee includes breakfast, lunch, a cocktail reception, andconference materials. Virginia MCLE credit will be offered forthose in attendance. George Mason University School of Lawis an approved provider of CLE in Virginia. Attorneys in otherstates will receive attendance forms to use for self-reporting intheir state.

Hotel accommodations are NOT included in the registration fee. For hotel reservations at the J.W. Marriott, please visit: https://resweb.passkey.com/go/wasjw2014ppc. The conference rate is $279 per night and rooms are limited. Reservations must be made by August 27, 2014, though rooms may sell out prior to that date.

INFORMATIONFor more information and

to register, visit

www.MasonLEC.org or contact

Jeff Smith at jsmithq@gmu.edu

or 703.993.8382.

The variety of

background of the

attending officials was

highly stimulating.

The discussion, so

well prepared by the

organizers, offered

insights into the

questions and difficulties

of other authorities

concerning the hot

topics of antitrust today.

– GLOBAL ANTITRUST INSTITUTE

PARTICIPANT

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