Markus Röhrig’s Post

A recent Delaware court case highlights the complexity of interpreting 'commercially reasonable efforts' clauses in acquisition agreements. In a pharmaceutical M&A deal, the court found that the buyer's milestone payment was not triggered due to the seller falling short of the objective industry-standard efforts required to develop a new drug. This 140-page ruling underscores the importance of drafting clear, specific standards in such clauses to avoid disputes over ambiguous terms. Read the full legal snapshot: https://ow.ly/ltxl50TASOG   #MergersAndAcquisitions #PharmaIndustry #CommerciallyReasonableEfforts #LegalInsights #NRFSA

🚨 Novo Holdings' $16.5B Catalent Deal Faces FTC Scrutiny 🚨 Novo Holdings A/S’s proposed acquisition of Catalent Inc. has caught the eye of the US Federal Trade Commission (FTC) due to antitrust concerns. This case could set a new precedent for vertical mergers under the Biden administration. Key Highlights: FTC Focus: The deal is seen as a test case for updated merger review guidelines aimed at preventing market monopolies. Antitrust Concerns: The FTC is investigating potential impacts on competitors' access to essential manufacturing services and drugs like Ozempic. Broader Implications: Reflects a broader effort to address high drug prices and market consolidation in the pharmaceutical industry. The outcome could reshape industry dynamics and antitrust enforcement. What are your thoughts on this landmark case? https://lnkd.in/e_rS44Wh #Pharma #Antitrust #MergersAndAcquisitions #BusinessNews

In pharmaceutical M&A, understanding merger control and antitrust issues is essential. In this sixth edition of the video series discussing our book Pharmaceutical Antitrust – An Analysis of US and EU Law, Rani Habash, Alec Burnside and George Gordon explore the increasingly intrusive nature of merger control in the pharmaceutical and healthcare sectors, both in terms of jurisdiction and substance. This conversation covers how the EU Court recently overturned the approach to killer acquisitions in the Illumina-Grail case and the trend of scrutinizing earlier stages of R&D in mergers, the differences in transaction reviews between the U.S. and Europe and the new theories of effects impacting deals. For more information, visit: https://lnkd.in/e8Nu4fZ4 or read our OnPoint on the Illumina Grail case: https://lnkd.in/eNpKTBkb

🤔🌟 Seeking effective strategies for navigating patent litigation in generics and biosimilars? Join us for a Keynote Session where Debjani Banerjee, Deputy General Manager at Glenmark Pharmaceuticals, unveils essential strategies. Discover how innovative intellectual property tactics can unlock market potential and thrive in competitive landscapes. This session promises to be a game-changer. We can't wait to hear it too! Don't miss out!🔑 Register here! https://whysummits.com/ #Mumbai #PPM #PatentLitigation #Biosimilars #IntellectualProperty

Legal Shift: New Developments Favor Johnson & Johnson ⚖️ In the consolidated, multidistrict litigation against Johnson & Johnson, a notable shift has occurred with Federal District Judge Michael Shipp now presiding. Recent developments have favored the pharmaceutical giant, marking a significant turn in the ongoing legal proceedings. Stay informed as the legal landscape evolves. #LegalNews #JohnsonAndJohnson #LitigationUpdate

In the latest issue of The Monitor, the editors report on the favorable resolution Pomerantz achieved on behalf of 22 Israeli institutional investors in a group of opt-out suits against Teva Pharmaceutical Industries Ltd., one of the world’s largest manufacturers of generic drugs. The case concerned an alleged price-fixing scheme that has been called “likely the largest cartel in the history of the United States,” as well as Teva’s role in the devastating U.S. opioid crisis. In a major victory for global investors, during the litigation Pomerantz convinced the court to apply supplemental jurisdiction over claims under Israeli securities law, broadening the path for international investors to pursue recovery for securities fraud. Read more: https://lnkd.in/e9Y9K7mH #SecuritiesLaw #pharma #OpioidCrisis #SecuritiesLitigation

Prof Cam Wareham LLM FCIArb, explains why arbitration is attractive to pharmaceutical organisations, and why neutrals with a medical background are well-suited to alternative dispute resolution (ADR). 🔗 Read more here: https://lnkd.in/d8-zGJwb  #Ciarb #arbitration #disputeresolution #legalnews  

The CAT decided to impose its own fines on two pharma companies for abusing their dominant position in relation to an anti-epilepsy drug, after rejecting the findings of the Competition and Markets Authority (CMA). The CAT’s ruling serves as a reminder that, although the pharma sector remains an antitrust enforcement priority in the U.K., it is also one in which the CMA is regularly having its decisions overturned, or fines substantially reduced, on appeal. Nathalie Warke and I give you the takeaways from the 11-year long Pfizer/Flynn Pharma case, and consider what might be next for CMA antitrust enforcement in the pharma sector. https://lnkd.in/eqS2qwGX

Pomerantz recently achieved a $97 million settlement with #pharmaceutical developer Perrigo Co., plc. In 2015, Mylan announced multiple unsolicited bids and an offer to purchase Perrigo for $29 billion. According to the complaint, in order to discourage Perrigo shareholders from accepting Mylan’s offer, the company misrepresented numerous aspects of Perrigo’s business, including its organic growth, the company’s acquisition of Omega Pharma N.V., and Perrigo’s collusion in pricing the company’s generic drugs (its most profitable division). As a result of Perrigo’s misstatements, the company’s shares traded at artificially inflated prices. On March 3, 2017, Bloomberg reported that antitrust regulators at the Department of Justice had taken notice of Perrigo’s actions. This news caused significant investor losses when Perrigo’s share price fell precipitously. “We are very proud of our team’s hard-fought accomplishment in bringing this case to a successful resolution after nearly eight years of litigation through a ruling on summary judgment. The Court’s certification of a class of TASE purchasers represents the first time a class of non-U.S. securities purchasers were certified as a class in a U.S. Court since Morrison, underscoring the trail-blazing nature of this litigation,” says Managing Partner Jeremy Lieberman. Read more: https://lnkd.in/eBUnSeA8 #SecuritiesLaw #pharma #DOJ #SecuritiesLitigation

Great article from our Products Liability and Mass Tort practice!