Skadden Discusses DOJ Leniency Program Updates

The Department of Justice (DOJ or Department) released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017.1 The Leniency Program allows corporations and individuals who self-report their cartel activity and cooperate in the Antitrust Division’s (Division) investigation of the cartel to avoid criminal conviction, fines and prison sentences.2 The program has become an important tool for the Division in its investigation and prosecution of criminal cartel activity. In 2008, the Division issued “Frequently Asked Questions Regarding the Antitrust Division’s Leniency Program and Model Leniency Letters” to provide guidance to individuals and corporations seeking to utilize … Read more

Skadden discusses FTC’s Challenge to Pharmaceutical Settlement

On September 8, 2014, the Federal Trade Commission (FTC) filed a federal antitrust complaint in the United States District Court for the Eastern District of Pennsylvania against defendants AbbVie, Abbott Laboratories, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals alleging violations of Section 5 of the FTC Act, 15 U.S.C. § 45(a), for entering into an agreement to maintain a monopoly over and restrain generic competition to AndroGel, a testosterone replacement therapy product. The complaint claims that the defendants entered into an illegal “reverse-payment” settlement, but additionally—and in a departure from previous cases the FTC has filed—that AbbVie, Abbott, Unimed and … Read more