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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

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?

Presentation

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

Session 2: Competition in the pharmaceutical industry—at a crossroad?

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?

Presentations

“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

Reception

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

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