Pharmaceuticals

Sonnenschein attorneys have been at the cutting edge of antitrust issues involving pharmaceutical companies, with the government experience necessary for understanding and framing issues to best serve clients’ interests.  In particular, Sonnenschein partners have held significant positions at the Federal Trade Commission (FTC), putting them in the midst of FTC oversight of pharmaceutical business conduct.  Sonnenschein partners understand the government’s perspective on pharmaceutical mergers, because they analyzed such transactions while at the FTC.  They also fully grasp government perspectives on Hatch-Waxman issues and brand-generic settlements, having worked on those issues through reports(such as the FTC’s Generic Drug Report) and through involvement in particular matters(such as brand-generic settlements challenged by the FTC).

This deep background in government equips Sonnenschein partners with the ability to advise clients on how to structure proposed courses of conduct, both to fulfill the client’s business interests and to avoid antitrust scrutiny.  Sonnenschein attorneys are also experienced in how to convincingly explain the procompetitive nature of proposed or current conduct to government enforcers.  Sonnenschein’s practice focuses on the challenges that face pharmaceutical companies.  Through counseling, governmental advocacy, or litigation if necessary, Sonnenschein attorneys can help firms meet those challenges by managing antitrust risk.