News & Analysis as of

Research and Development Competition

Stevens & Lee

DOJ and FTC Withdraw Guidelines for Collaborations Among Competitors

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The Justice Department’s Antitrust Division and the Federal Trade Commission (Agencies) announced on Dec. 11, 2024, that they have withdrawn the Antitrust Guidelines for Collaborations Among Competitors (Guidelines) issued in...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

Foley & Lardner LLP on

Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

WilmerHale

EC Issues Revised Guidelines on Agreements Between Competitors: 10 Key Takeaways

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On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more

Orrick, Herrington & Sutcliffe LLP

Horizontal Cooperation Agreements – New EU Regulations and Guidelines

On 1 June 2023, the European Commission has announced the adoption of updated Horizontal Block Exemption Regulations on Research and Development (R&D) and Specialization agreements (HBERs) and revised Horizontal Guidelines....more

Skadden, Arps, Slate, Meagher & Flom LLP

New EU Competitors Cooperation Framework: Stricter on Information Exchange, Broader on Joint Sustainability Agreements

On June 1, 2023, the European Commission (EC) adopted a revised legal framework that block-exempts research and development (R&D) and specialisation agreements between competitors from the prohibition of anticompetitive...more

Cozen O'Connor

FTC Orders Illumina to Divest of Recently Acquired Cancer Test Maker GRAIL

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The FTC issued an opinion and order requiring DNA sequencing company Illumina, Inc. to divest multi-cancer early detection (MCED) test maker GRAIL, Inc., alleging that the acquisition would reduce competition in the U.S....more

Cooley LLP

Considerations for Companies Seeking Competitor Collaborations

Cooley LLP on

There are many legitimate reasons why your company may wish to collaborate with one of its competitors. You may, for example, want to enter into an agreement with your competitor to develop a new product. Collaboration...more

White & Case LLP

President Biden Signs CHIPS and Science Act into Law

White & Case LLP on

On August 9, 2022, President Biden signed the CHIPS and Science Act (H.R.4346), which seeks to bolster the US semiconductor supply chain and promote research and development of advanced technologies in the United States. The...more

Akin Gump Strauss Hauer & Feld LLP

Senate Passes Chips-Plus Package, House Passage Imminent

In a bipartisan vote of 64-33, the Senate passed legislation earlier today to fund domestic semiconductor manufacturing and boost federal scientific research and development. The bill was supported by 17 Republicans and...more

Hogan Lovells

FTC workshop highlights potential changes to agency’s review of pharmaceutical mergers

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On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more

Hogan Lovells

[Webinar] Antitrust for emerging companies – what you need to know - June 9th, 9:00 am - 10:00 am PDT

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Antitrust isn't just for big companies! Emerging companies may view antitrust as an issue primarily for large companies or as a lower priority given their size. However, emerging companies need to understand antitrust to stay...more

Skadden, Arps, Slate, Meagher & Flom LLP

Proposed EU Competitor Cooperation Guidelines Tougher on Information Sharing, but Scope Provided for Sustainability Agreements

The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022....more

Akin Gump Strauss Hauer & Feld LLP

America COMPETES Act v. US Innovation and Competition Act—Summary of Key Differences and Takeaways

One of the few remaining opportunities for passage of bipartisan legislation this Congress is legislation to improve America’s competitiveness vis-à-vis China for semiconductor manufacturing and scientific research and...more

Akin Gump Strauss Hauer & Feld LLP

America COMPETES Act v. US Innovation and Competition Act—Summary of Key Differences and Takeaways

On Friday, February 4, 2022, the House passed the America COMPETES Act on nearly a straight party line vote to, among many other priorities, fund domestic semiconductor chip manufacturing, dramatically increase scientific...more

K&L Gates LLP

More Than Innovation and Competition: The Latest Proposed Monitoring and Enforcement Mechanisms Targeting Foreign Influence in...

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I. INTRODUCTION - On 8 June 2021, the Senate passed an expansive bipartisan bill aimed at enhancing the country’s scientific research and development capabilities. In response to emerging technological competition from...more

ArentFox Schiff

National Security Podcast: How the United States Innovation and Competition Act Could Aid Your Business

ArentFox Schiff on

Arent Fox National Security Partner David R. Hanke and Government Relations Practice Co-Leader Dan H. Renberg discuss what's considered the most significant U.S. industrial policy legislation in decades....more

Wiley Rein LLP

Senate Passes Sweeping Bill Aimed at Competition with China

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On June 8, 2021, the U.S. Senate passed the United States Innovation and Competition Act of 2021 (USICA) in a bipartisan vote of 68 to 32. The 2,000-page bill is largely focused on addressing the challenges of U.S....more

White & Case LLP

EU horizontal rules under review - European Commission publishes staff working document

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On 6 May 2021, the European Commission ("Commission") published a staff working document ("SWD") on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements...more

White & Case LLP

JFTC and METI issued Guidelines for Business Collaboration with Startups

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On March 29, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") issued Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open...more

White & Case LLP

JFTC and METI Proposed Guidelines for Business Collaboration with Startups

White & Case LLP on

On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of...more

Akerman LLP - Health Law Rx

DOJ Antitrust Division Grants Green Light for Pharma Companies Sharing COVID-19 Treatment Drug Production Information

The Department of Justice Antitrust Division has advised several pharmaceutical companies that they can share competitive information regarding the status of their respective efforts to develop a COVID-19 treatment without...more

Robins Kaplan LLP

Joint Ventures & The COVID-19 Pandemic

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May companies work with their competitors to produce equipment needed to battle COVID-19 without running the risk of antitrust enforcement actions or treble damages lawsuits?...more

Morgan Lewis

COVID-19: The Return of the ‘Comfort Letter’

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The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. ...more

Troutman Pepper Locke

Antitrust Agencies Expedite Review Of Coronavirus-related Collaborations

Troutman Pepper Locke on

On March 24, the Department of Justice and the Federal Trade Commission released a joint statement that provided guidance to companies interested in collaborating on efforts to “protect the health and safety of Americans...more

Hogan Lovells

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

Hogan Lovells on

On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

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