Bates White professionals have extensive experience analyzing proposed mergers and acquisitions and examining alleged anti-competitive conduct in the healthcare and life sciences industries. Our experts have testified and consulted on numerous high-profile mergers, government investigations, and private antitrust litigation. We regularly analyze the competitive impacts of challenged conduct including alleged exclusionary practices, contracts, and rebates; "product hopping;" "reverse settlements" in pharmaceutical patent litigation; and collusion. We have also quantified the competitive effects of hospital, physician group, health plan, and manufacturer mergers.
- Conducted detailed economic analysis on behalf of Eli Lilly in connection with its $5.4 billion acquisition of Novartis Animal Health.
- Retained as the testifying expert on behalf of VetSource, which sued in federal court in response to a cease and desist action that alleged illegal kickbacks, in Pharmaceutical Solutions, Inc. (VetSource) v. Nevada State Board of Pharmacy et al..
- Provided analysis on behalf of Express Scripts in support of its acquisition of MyMatrixx.
- Provided analysis on behalf of Express Scripts in support of its $29 billion acquisition of Medco Health Solutions.
- Supported the expert on behalf of Thermo Fisher Scientific in support of its proposed $13.6 billion acquisition of Life Technologies.
- Provided analysis on behalf of Grifols in connection with its acquisition of Talecris.
- Testified on behalf of United Health in Omnicare v. United Health, a lawsuit alleging that premerger coordination led to the joint exercise of monopsony power.
- Served as testifying expert on behalf of Augustine Medical, Inc. defending an illegal monopolization counterclaim in Augustine Medical, Inc. v. Mallinckrodt, Inc.