As trial lawyers and counselors, Pepper Hamilton has a strong record of guiding health sciences clients through complex competition issues and winning antitrust disputes.
Clients in the health sciences, including pharmaceutical manufacturers, hospitals, health systems, physician groups, outpatient diagnostic and treatment facilities, and other participants in the health care and health sciences supply chain, face unique and complex antitrust and competition challenges. Pepper has helped such clients comply with antitrust regulatory requirements and overcome challenges from competitors and the government for decades.
Our experience includes matters involving the Sherman and Clayton Acts, the Robinson-Patman Act and state antitrust laws, as well as civil RICO claims, consumer protection statutes, and other antitrust, trade regulation and competition laws and regulations. We help implement rigorous compliance programs so clients do not run afoul of antitrust laws, and we shepherd clients through merger and non-merger investigations by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. For transactions involving nonprofit health care entities, we also advise on compliance with requirements of the Internal Revenue Service and the Community Health Care Assets Protection Act, as well as other state attorney general requirements. We also have experience defending pharmaceutical clients in patent-antitrust cases, including against allegations of “sham” patent litigation, fraud on the PTO, improper Orange Book listings and anticompetitive settlement agreements with generics.