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Healthcare and Law Economics Workshop

Washington, DC
October 29, 2009

Healthcare Reform: Implications for Competition Policy and Analysis

Please join Bates White for a program that will explore the potential implications of leading healthcare reform proposals for antitrust analysis in healthcare markets.

Luncheon and keynote address

Richard Feinstein, Director, Bureau of Competition, FTC

Session 1: Private litigation and agency enforcement in a reformed healthcare market
  • David Dranove, Professor and Chair in Health Management, Northwestern University
  • Robert F. Leibenluft, Partner, Hogan & Hartson
  • Joshua H. Soven, Chief, Litigation I Section, Antitrust Division, DOJ
  • Christine L. White, Partner, Crowell & Moring
  • Moderator: Cory Capps, Partner, Bates White

Current healthcare reform proposals seek to expand insurance coverage in various ways and, perhaps, to “bend the curve” of healthcare spending growth. Such changes are likely to directly affect the competitive landscape in payor markets and to directly or indirectly affect markets for the purchase of provider services. How will reform affect private litigation and agency enforcement?

  • How would a public insurance option, or an insurance exchange, alter antitrust review of insurer mergers?
  • Are antitrust implications limited to markets for the sale of insurance? Will analyses of provider markets also be affected?
  • Will antitrust risk impede experiments by providers and payers with innovative healthcare finance and delivery models?

“Health Reform, The Hospital, and The Law”–David Dranove

Session 2: Competition in the pharmaceutical industry—at a crossroad?
  • W. David Bradford, Professor and Chair in Public Policy, University of Georgia
  • James J. O′Connell, Partner, Covington & Burling
  • David R. Schmidt, Assistant Director, Bureau of Economics, FTC
  • Seth C. Silber, Of Counsel, Wilson Sonsini Goodrich & Rosati
  • Moderator: Christopher Stomberg, Partner, Bates White

Changes in the FTC’s enforcement priorities have put the pharmaceutical industry in the antitrust spotlight. Two practices have received particular attention: the use of so-called “reverse” payments to settle patent disputes between brand and generic companies, and the introduction of authorized generic drugs by brand name drug manufacturers. As debate continues over the proposed bills in Congress, how might future legislative changes affect the balance of negotiations between brand and generic entrants, as well as impact competition in the pharmaceutical industry?

  • How will courts, agencies, and industries respond to legislation affecting pharmaceutical competition and antitrust?
  • How would a ban on reverse settlements or authorized generics affect generic entry and the litigation of patient disputes?
  • How (if at all) does the recent FTC study on authorized generics shape the debate on pharmaceutical antitrust?

“Reverse Payments & the DOJ”–James J. O’Connell

“Authorized Generics: An Interim Report”
–David R. Schmidt

“Setting the Framework: Antitrust Review of Reverse-Payment Patent Settlements”–Seth C. Silber


To cap off the day, all attendees are cordially invited to a reception hosted by Bates White’s Healthcare Practice.