HomeWebcastEuropean Antitrust Enforcement for Pay-For-Delay Settlements
Antitrust Enforcement CLE/CPE CLE

European Antitrust Enforcement for Pay-For-Delay Settlements

Live Webcast Date: Thursday, September 10, 2015 from 10:00 am to 12:00 pm (ET)
CLE-LegalRecording

Antitrust Enforcement CLE/CPE

Join us for this Knowledge Group Antitrust Enforcement CLE/CPE Webinar. Reverse payment settlement is one of the few schemes that may be used to delay generic entry of possible competitors. Several pharmaceutical companies which have been entering into these ‘pay-for-delay’ agreements, if not sued for violating EU’s antitrust rules, are facing costly investigations.

In this two-hour webcast, a panel of distinguished professionals and thought leaders will help you better understand the important aspects of this significant topic. They will provide an in-depth discussion of Pay-For-Delay Settlements. Speakers will also offer best practices in developing and implementing an effective antitrust policy and ensure compliance with IP laws.

Some of the major topics that will be covered in this course are:

  • Pay-For-Delay Settlements – An Overview
  • Reverse Payment Agreements
  • “By Object” Vs. “By Effect” Infringements
  • EU’s Antitrust Rules
  • Recent Claims on Patent Settlements
  • Potential Effects on Generic Markets
  • Antitrust Scrutiny, Prevention and Risk Mitigation Strategies
  • Costs and Damages in Pay-For-Delay Settlements
  • Reasonable Sanctions and Penalties
  • Best Enforcement and Compliance Practices

Agenda

Nicola Holmes, Principal Attorney
Eversheds

  • Introduction and Overview 
  • Background and the Commission’s analytical framework
  • Overview of recent cases – Lundbeck and Servier
  • “By object” v “effect” agreements
  • What Kinds of Settlements Are Problematic?  Reverse Payments and the Commission’s

David Hull, Partner
Van Bael & Bellis

  • Treatment of IP  
  • Relevance of reverse payment and critique of Commission’s approach       
  • Are there safe harbors?

David Blackburn, Vice President
NERA Economic Consulting

  • What constitutes a “reverse payment”
  • Actavis and US litigation
  • Discussion of similarities/differences between the US and EU approach to them

David Tayar, Partner
Willkie Farr & Gallagher LLP

  • Possible Impact of Commission Policy 
  • Has there been a chilling effect on settlements?
  • Disincentive for patent litigation
  • Legal professional privilege and other practical  issues   

Who Should Attend

  • Antitrust Lawyers        
  • Patent Attorneys
  • Patent Licensing Attorneys
  • Biotech/Pharma Attorneys & Advisors   
  • Patent Holders
  • Executives from Pharmaceutical Companies
  • IP Attorneys & Related Consultants
  • Patent Litigators
  • Drug Manufacturing Executives
  • Other Related/Interested Professionals and Organizations

Antitrust Enforcement CLE/CPE

Nicola Holmes, Principal Attorney
Eversheds

  • Introduction and Overview 
  • Background and the Commission’s analytical framework
  • Overview of recent cases – Lundbeck and Servier
  • “By object” v “effect” agreements
  • What Kinds of Settlements Are Problematic?  Reverse Payments and the Commission’s

David Hull, Partner
Van Bael & Bellis

  • Treatment of IP  
  • Relevance of reverse payment and critique of Commission’s approach       
  • Are there safe harbors?

David Blackburn, Vice President
NERA Economic Consulting

  • What constitutes a “reverse payment”
  • Actavis and US litigation
  • Discussion of similarities/differences between the US and EU approach to them

David Tayar, Partner
Willkie Farr & Gallagher LLP

  • Possible Impact of Commission Policy 
  • Has there been a chilling effect on settlements?
  • Disincentive for patent litigation
  • Legal professional privilege and other practical  issues   

Antitrust Enforcement CLE/CPE

Antitrust Enforcement CLE/CPE

David TayarPartnerWillkie Farr & Gallagher LLP

David Tayar is partner in the Antitrust & Competition practice group of Willkie Farr & Gallagher LLP. 

Mr. Tayar has extensive experience in handling first and second stage complex merger control investigations before both European and French antitrust agencies and in coordinating multijurisdictional filings. He regularly advises clients in restrictive arrangements and monopolization cases before European and French competition authorities and courts. He also intervenes in State aid cases before the European Commission and European Community Courts.

Mr. Tayar advises French and foreign clients in a wide variety of industries, with a special focus on the energy, media, pharmaceutical and banking sectors.

He was admitted to the Paris Bar in January 2000. He graduated from the University of Paris I Panthéon Sorbonne (postgraduate degree in private law) and from the London School of Economics (LL.M in European law).

Antitrust Enforcement CLE/CPE

David HullPartnerVan Bael & Bellis

David Hull is a partner at Van Bael & Bellis, a Brussels firm focused on EU competition and trade law. He is a seasoned competition lawyer and specializes in representing clients in complex investigations before the European Commission, and in litigation before the EU courts in Luxembourg. Recent cases include Ryanair (appeal of Commission’s decision blocking takeover of Aer Lingus); Akzo (legal privilege); Bitumen (appeal of fine imposed in cartel case); and Microsoft (appeal of fine imposed for alleged non-compliance with Commission decision). 

He has extensive experience in the life sciences sector, regularly representing companies in EU investigations and advising them on life cycle management issues, European parallel trade and distribution issues, licensing and collaboration arrangements, pricing strategies, and mergers. He is currently representing two companies in the appeal to the General Court of the Commission’s decision in the Lundbeck case on “reverse payment” patent settlements. 

Mr. Hull is admitted as a solicitor in England and Wales, and is an associate member of the Brussels Bar.

Antitrust Enforcement CLE/CPE

David BlackburnVice PresidentNERA Economic Consulting

Dr. Blackburn’s areas of expertise include intellectual property, antitrust and competition policy, and econometric analysis.  In his IP practice, he has conducted research and prepared expert reports for patent, trademark, and copyright infringement disputes and as well as conducted analyses related to the issues of commercial success in Hatch-Waxman proceedings.  In his antitrust and commercial damages practices, he has assessed liability and damages in disputes related to, for example, tying, price discrimination, monopolization, and breaches of contract.  He has also assessed the competitive effects of mergers and acquisitions.  Dr. Blackburn has written and spoken publically on a number of these issues.

In both his antitrust and IP practices, Dr. Blackburn’s experience covers a variety of industries, including the pharmaceutical industry, media (music, television and film) computer software, medical devices, industrial goods and chemicals, and consumer products, among others.

Antitrust Enforcement CLE/CPE

Nicola HolmesPrincipal AttorneyEversheds

Nicola is a principal attorney in Eversheds Competition, EU and Regulatory group. She has a broad practice, including mergers, investigations and behavioural work, and has significant expertise in dominant firm trading and pricing practices, particularly in the pharmaceutical sector.

Nicola advised a major innovative pharmaceutical manufacturer on their long running abuse of dominance investigation which resulted in the closure of the case, and secured an early settlement agreement for Reckitt Benckiser in the UK Office of Fair trading’s Gaviscon case. She has also advised on stock control systems and distribution strategy for both innovative firms and parallel traders in the pharmaceutical sector.

Nicola is a regular speaker at the C&I in house lawyer competition law update conferences and has delivered highly regarded competition compliance training programmes at board and sales level to clients in diverse sectors, including chemicals, pharmaceuticals and food. She is recognised as a “rising star” in the 2011 Legal 500. Nicola has spent time on secondment to Volkswagen Group (UK) Limited and more recently the Competition Department of the Financial Conduct Authority.

Antitrust Enforcement CLE/CPE

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   144831

NASBA Field of Study:
   Business Law

NY Category of CLE Credit:
   Skills

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Willkie Farr & Gallagher is an international law firm counting more than 650 lawyers including 150 partners worldwide. The firm is located in many of the world's most prominent marketplaces with offices in New York, Washington, Houston, Paris, London, Frankfurt, Brussels, Milan and Rome.

Our top tier lawyers are ranked among the best in their respective local and international markets and have uniquely broad and deep industry experience.

In Paris, our 60 attorneys regularly represent high profile French and multinational companies, investment funds and financial institutions in the most sophisticated legal matters, business disputes and transactions.

Our areas of expertise include:

  • Competition and antitrust 
  • Private Equity 
  • Mergers & Acquisitions 
  • Capital markets 
  • Banking and project finance 
  •  Tax 
  • Restructuring and business reorganization
  • Litigation and arbitrage 
  • White collar crime 
  • Public  and administrative law

Website: https://www.willkie.com/

Van Bael & Bellis is one of the largest leading independent law firms based in Brussels. Established in 1986, the firm houses a multinational team of lawyers who regularly advise a diverse group of clients ranging from multinational corporations and government bodies to international trade associations and global law firms.

With two of the largest teams in Brussels working in EU competition and international trade law, the firm is well known and highly regarded by all legal directories for its extensive expertise and deep partner-level experience. The firm also advises on EU regulatory matters and Belgian business law.

With nearly 70 lawyers coming from 20 different countries, Van Bael & Bellis offers clients the support of a highly effective team of professionals with multi-jurisdictional expertise and an international perspective.

Website: https://www.vanbaelbellis.com/

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. With its main office in New York City, NERA serves clients from more than 25 offices across North America, Europe, and Asia Pacific.

Website: https://www.nera.com/index.html

Recognised as the leading innovators in the legal sector, Eversheds provide new legal and business solutions to meet the needs of clients, giving consistently great service wherever clients need it.

A truly international law firm, Eversheds operates as one team, from 55 offices in 29 countries. Its people share a distinctive culture which has deep client relationships at its core. Whether providing advice which is complex or straightforward, multi-national or local, an attitude of delivering only the very best underscores everything Eversheds people do.

Website: https://www.eversheds.com/

David Tayar is partner in the Antitrust & Competition practice group of Willkie Farr & Gallagher LLP. 

Mr. Tayar has extensive experience in handling first and second stage complex merger control investigations before both European and French antitrust agencies and in coordinating multijurisdictional filings. He regularly advises clients in restrictive arrangements and monopolization cases before European and French competition authorities and courts. He also intervenes in State aid cases before the European Commission and European Community Courts.

Mr. Tayar advises French and foreign clients in a wide variety of industries, with a special focus on the energy, media, pharmaceutical and banking sectors.

He was admitted to the Paris Bar in January 2000. He graduated from the University of Paris I Panthéon Sorbonne (postgraduate degree in private law) and from the London School of Economics (LL.M in European law).

David Hull is a partner at Van Bael & Bellis, a Brussels firm focused on EU competition and trade law. He is a seasoned competition lawyer and specializes in representing clients in complex investigations before the European Commission, and in litigation before the EU courts in Luxembourg. Recent cases include Ryanair (appeal of Commission’s decision blocking takeover of Aer Lingus); Akzo (legal privilege); Bitumen (appeal of fine imposed in cartel case); and Microsoft (appeal of fine imposed for alleged non-compliance with Commission decision). 

He has extensive experience in the life sciences sector, regularly representing companies in EU investigations and advising them on life cycle management issues, European parallel trade and distribution issues, licensing and collaboration arrangements, pricing strategies, and mergers. He is currently representing two companies in the appeal to the General Court of the Commission’s decision in the Lundbeck case on “reverse payment” patent settlements. 

Mr. Hull is admitted as a solicitor in England and Wales, and is an associate member of the Brussels Bar.

Dr. Blackburn’s areas of expertise include intellectual property, antitrust and competition policy, and econometric analysis.  In his IP practice, he has conducted research and prepared expert reports for patent, trademark, and copyright infringement disputes and as well as conducted analyses related to the issues of commercial success in Hatch-Waxman proceedings.  In his antitrust and commercial damages practices, he has assessed liability and damages in disputes related to, for example, tying, price discrimination, monopolization, and breaches of contract.  He has also assessed the competitive effects of mergers and acquisitions.  Dr. Blackburn has written and spoken publically on a number of these issues.

In both his antitrust and IP practices, Dr. Blackburn’s experience covers a variety of industries, including the pharmaceutical industry, media (music, television and film) computer software, medical devices, industrial goods and chemicals, and consumer products, among others.

Nicola is a principal attorney in Eversheds Competition, EU and Regulatory group. She has a broad practice, including mergers, investigations and behavioural work, and has significant expertise in dominant firm trading and pricing practices, particularly in the pharmaceutical sector.

Nicola advised a major innovative pharmaceutical manufacturer on their long running abuse of dominance investigation which resulted in the closure of the case, and secured an early settlement agreement for Reckitt Benckiser in the UK Office of Fair trading’s Gaviscon case. She has also advised on stock control systems and distribution strategy for both innovative firms and parallel traders in the pharmaceutical sector.

Nicola is a regular speaker at the C&I in house lawyer competition law update conferences and has delivered highly regarded competition compliance training programmes at board and sales level to clients in diverse sectors, including chemicals, pharmaceuticals and food. She is recognised as a “rising star” in the 2011 Legal 500. Nicola has spent time on secondment to Volkswagen Group (UK) Limited and more recently the Competition Department of the Financial Conduct Authority.

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