Frommer Lawrence & Haug’s antitrust attorneys have over thirty years of experience in government and private practice, covering the full breadth of competition issues. FLH’s antitrust group provides clients with antitrust counseling and representation in litigation and governmental investigations, especially concerning the growing interplay of antitrust and intellectual property. The antitrust practice has grown in size and proficiency to serve all aspects of our clients’ competition needs, including from merger analysis, product pricing, lifecycle planning, antitrust counterclaims in patent litigation, and negotiating and defending settlements of Hatch-Waxman patent cases.
By drawing upon FLH’s patent prosecution and litigation expertise, in-house scientific advisors, regulatory and transactional knowledge base, FLH is uniquely positioned to handle our clients’ antitrust needs in an efficient and flexible manner. Our antitrust attorneys regularly work hand-in-hand with the firm’s patent attorneys and scientific advisors to counsel companies on the antitrust implications of a particular intellectual property acquisition, settlement, license, or joint venture arrangement.
In connection with advising on the antitrust risks associated with pharmaceutical lifecycle planning, our antitrust attorneys work closely with FLH’s transactional and regulatory attorneys to ensure that the client’s lifecycle plan is sound, both legally and commercially. Our antitrust attorneys and patent litigators work together in the day-to-day litigation and settlement of patent infringement suits, as these cases often involve antitrust claims, defenses, and consequences.
FLH’s antitrust practice group has developed particular expertise representing both brand and generic drug manufacturers in their settlements of litigation arising under the Hatch-Waxman Amendments to the Federal Food Drug & Cosmetic Act. Given the currently unsettled nature of this legal area – with circuit courts splits, increased FTC scrutiny, and pending federal legislation – companies involved in related settlements and negotiations need competent antitrust advisors now more than ever. Our antirust attorneys are regularly at the table negotiating these settlement agreements, maximizing the commercial result, while minimizing the risk of antitrust scrutiny.
We also have a proven track record representing clients before the Federal Trade Commission and Antitrust Division of the Department of Justice. Our work before the federal agencies includes: representation of brand and generic drug manufacturers in the FTC’s review of Hatch-Waxman settlements (all successfully resolved without any enforcement actions); notification of patent settlements under the Medicare Prescription Drug and Modernization Act of 2003; and review and clearance of proposed mergers under the Hart-Scott-Rodino Antitrust Improvements Act. This experience, along with our attorneys’ prior government service, gives FLH’s antitrust attorneys an intimate knowledge of the enforcement agencies’ policies and agendas. It also has created strong working relationships with the agencies’ staff, allowing us to provide superior advice and service to our clients.
In addition, FLH’s seasoned antitrust practitioners have significant experience advising businesses on their antitrust risk and exposure in the day to day operations, including product distribution and pricing, joint venture and competitor collaboration arrangements, and participation and membership in trade associations. We also have successfully represented both plaintiffs and defendants in complex multi-jurisdictional antitrust cases involving allegations of horizontal price fixing, market allocation, boycotts, resale price maintenance, price discrimination, tying, and monopolization.
FLH’s strength in related legal areas such as intellectual property and FDA/Regulatory uniquely equip FLH’s antitrust attorneys to provide collaborative, innovative, and cost-effective antitrust advice.