Our merger clearance team routinely secures unconditional clearances from antitrust enforcement agencies around the world for large, complex, and high-stakes life sciences transactions. As authorities in the US and EU increasingly coordinate global merger investigations, Latham’s premier US and European competition teams work seamlessly with Latham’s M&A deal teams to develop novel solutions to shepherd mergers through intense regulatory scrutiny across jurisdictions. We work closely with clients to develop a sophisticated understanding of the structure and timing, business case, and practical competitive impact of each deal.
In the US, we remain continuously abreast of the Federal Trade Commission’s (FTC) latest thinking on key merger, monopolization, and life sciences issues. We routinely litigate industry-defining healthcare and life sciences matters and are intimately familiar with the remedies currently preferred by the FTC Bureau of Competition. We are creative, and when necessary, aggressive litigators. Our reputation and track record allows us to work productively with regulators and prosecutors to settle most matters while quickly dismissing adventurous government theories.
Our EU team brings extensive experience counseling pharmaceutical and medical device companies on compatibility with EU competition law, regularly structuring complex licensing, joint venture, distribution, co-promotion, co-marketing, and co-operation agreements. We secure hundreds of merger clearances every year and regularly handle Phase II proceedings before the European Commission and EU Member State authorities.