David Shotlander
Partner | Haug Partners LLP
Carol Xianxiao Liu
Associate | Axinn, Veltrop & Harkrider LLP
Liang Ding
Partner | 10+ Years of Experience in Antitrust Litigation, Investigation, and Compliance | DeHeng Law OfficesBalancing Competition and Innovation Amid the Changing Antitrust Landscape | On-Demand Webinar
Broadcast Date: Tuesday, August 22, 2023 from 12:00 pm to 1:30 pm (ET)
Competition laws ensure all companies, regardless of size or power, have fair opportunities to succeed in their markets. However, rapid technological advancements have made it difficult for antitrust bodies to regulate certain industries. This leaves companies with little guidance on how to continue developing innovative products and services without being hindered by overly restrictive regulations or resorting to anti-competitive practices.
Hence, as the antitrust landscape continues to evolve, businesses and their counsel must proactively monitor regulatory trends and updates as well as revisit their compliance programs to avoid exposure to risks and future liabilities.
Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they provide the audience with an in-depth discussion of recent developments and potential enforcement directions surrounding antitrust laws. Speakers will also offer the best practices for businesses to thrive under the current legal climate while maintaining compliance.
Key Topics:
- Antitrust Laws: An Overview
- Recent Regulatory Developments and Enforcement Actions
- Key Challenges and Opportunities
- Effective Compliance Tips and Strategies
- What Lies Ahead
Agenda:
David Shotlander , Partner, Haug Partners LLP
1) General: innovation is what improves society and productivity – it is something that society wants/needs more of and therefore it is encouraged and incentivized—it is rewarded. One reward for innovation is avoidance of competition. On the other hand, the entire field of antitrust responds to the economic evil of lacking competition. Innovation and antitrust create a natural tension, attract constant scrutiny and require a delicate balance.
2) In life sciences, innovation drives competition. Companies that discover and invent thrive. They thrive because PTO and FDA reward new inventions with lack of competition., such as patent rights, new product exclusivity, 30-month stays, etc. Exclusivity drives innovation. But exclusivity could also drive manipulation such that a non-innovator may seek the exclusivity afforded to innovators, and thus avoid competition improperly – patent fraud, sham patent litigation, anticompetitive settlements, product-hopping, etc. These examples are extremely prevalent in pharma antitrust, including former innovators who try to retain exclusivity beyond the allotted period.
3) Life sciences antitrust is built on challenging claims of innovation, and pursued by actors who have little interest in innovation (plaintiffs’ bar, and even the government), creating an environment where any/all innovation could be subject to a challenge. It is not enough to innovate—an innovator must be able to continually prove its merit.
Carol Xianxiao Liu, Associate, Axinn, Veltrop & Harkrider LLP
- Changing Attitude Towards Innovation and Antitrust
- Nascent Competition
- Nascent Competition in Merger Enforcement
Liang Ding, Partner, 10+ Years of Experience in Antitrust Litigation, Investigation, and Compliance, DeHeng Law Offices
- Overview of IP Antitrust Rules in China
- Draft Guidelines on Anti -monopoly in the Field of SEP
Who Should Attend:
- Antitrust Lawyers and Consultants
- Corporate Counsel
- M&A Lawyers and Consultants
- Risk and Compliance Officers
- General Counsel
- Top-Level Executives
CLE Credit:
Course Level: Intermediate
Advance Preparation: Print and review course materials
Method of Presentation: On-Demand Webcast
Prerequisite: General knowledge of antitrust law
Course Code: 1410640
NY Category of CLE Credit: Areas of Professional Practice
Total Credit: 1.5 CLE