Concurrences and Fordham Law SchoolAntitrust in Life Sciences

Webinar Series

Concurrences and Fordham University Law School are pleased to invite you to their webinar series dedicated to Antitrust in Life Sciences. This first webinar of the

series will be dedicated to discussing the different approaches to antitrust practice and policy in the US and EU. The two other webinars in this series will be: Generics Exclusion: What Conduct Crosses the Lines? And: Do Pharmaceutical Mergers Harm Consumers?

June 30 - July 2, 2020Zoom Webinar

This is the inaugural edition of this joint conference co-organized by Concurrences and Fordham Competition Law Institute, in partnership with Bates White, Gibson Dunn, NERA, The Brattle Group, Wilson Sonsini and Mlex. This conference was originally scheduled for March 23rd, 2020 but transitioned to a webinar series due to the COVID-19 crisis.

Agenda

Webinar #1: US/EU, A Transatlantic Gap? June 30th, 2020 - 12:00- 2:00 pm (2.0 professional practice CLE credits)featuringJames KeyteDirector, Fordham Competition Law Institute

Noah Joshua PhillipsCommissioner, US Federal Trade Commission, Washington D.C.

Paul CsiszárDirector, Antitrust Unit Pharma and Health services, European Commission -DG COMP, Brussels

moderatorLoren K. SmithPrincipal, The Brattle Group, Washington DC

Webinar #2 Generics Exclusion: What Conduct Crosses the Lines? July 1st, 2020 - 2:00 - 4:00 pm EST (2.0 professional practice CLE credits)featuringElinor HoffmanDeputy Chief, Antitrust Bureau, Office of the NY State Attorney General, New York

Eric StockPartner, Gibson Dunn, New York

continued on next page

CLE CREDIT Credit has been approved in accordance with the requirements of the New York State CLE Board for a maximum of 2.0 transitional and non-transitional professional practice credits per day (6.0 total credits for all three days)

CLE course materials are available at: law.fordham.edu/clematerials

Jeffrey BankPartner, Wilson Sonsini Goodrich & Rosati, Washington D.C.

Mark GidleyPartner, White & Case, Washington D.C.

Christine Siegwarth MeyerManaging Director, NERA Economic Consulting, White Plains

moderatorMartin GaynorProfessor of Economics & Health Policy, Carnegie Mellon University, Pittsburgh

Webinar #3 Do Pharmaceutical; Mergers Harm Consumers?July 2nd, 2020 - 2:00 - 4:00 pm EST (2.0 professional practice CLE credits)featuringMax MillerAssistant Attorney General, Antitrust, Office of the Iowa State Attorney General, Des Moines

Patricia DanzonProfessor of Healthcare Management, The Wharton School, University of Pennsylvania, Philadelphia

George RozanskiPartner, Bates White, Washington, DC

moderatorScott HemphillProfessor, NYU Law

Antitrust in Life Sciences Webinar Series

June 30th - July 2nd, 2020

SPEAKERS’ BIOS

Jeffery BANK

Jeff Bank is a partner at Wilson Sonsini Goodrich & Rosati, where he practices antitrust litigation and counseling, particularly in the pharmaceutical industry. Prior to joining the firm, Jeff practiced at the Federal Trade Commission's Health Care Division, where he focused on competition issues in the pharmaceutical and healthcare industry. In his current practice, he regularly counsels clients on merger clearance issues and business practices, and he has represented a diverse range of clients before the FTC, including companies from the medical device, pharmaceutical, and media sectors.

Loren SMITH Dr. Smith specializes in applying economic and econometric tools to antitrust and competition matters, with a focus on horizontal and vertical mergers. Dr. Smith has been the lead economic expert for both government agencies and private parties in regulatory investigations, federal merger challenges, and private litigations in numerous industries in the US and internationally. These industries include retail, healthcare, lodging, medical devices, and various consumer products and intermediate goods. He frequently advises clients on single-firm conduct investigations and litigations related to pay-for-delay, exclusionary conduct, and vertical restraints, including several healthcare litigations involving anti-steering contract provisions. Prior to joining Brattle, Dr. Smith was an Executive Vice President at an international economics consulting firm, and prior to that worked at the US Federal Trade Commission as a staff economist. While at the FTC, he oversaw several high-profile merger and conduct investigations, supported litigations, and evaluated settlements. He also coauthored a report to Congress and provided technical assistance and training to competition agencies in South Africa, Brazil, and Hungary. Dr. Smith has taught microeconomics and econometrics at the University of Virginia and Johns Hopkins University. His research is published in academic journals including Journal of Applied Econometrics, Economic Inquiry, and Journal of Economics and Management Strategy.

Paul CSISZÁR

Paul CSISZÁR is a member of the Directorate Generale for Competition at the European Commission in Brussels. After graduating from ELTE School of Law of Budapest, Paul Csiszár studied international comparative law and earned a second Juris Doctorate at Loyola Law School in the United States. Following his admission to the Bar in 1986 in California he practiced as a corporate, securities and M&A lawyer in the US and then from 1997 in Central Europe with the international law firm of Squire Sanders until 2003 when he joined the public sector. Currently Mr Csiszár serves

as Director of "Basic Industries, Manufacturing and Agriculture" at the Directorate General for Competition of the European Commission.

Patricia DANZON

Patricia Danzon is the Celia Moh Professor at The Wharton School, University of Pennsylvania. Professor Danzon received a B.A. from Oxford University, England, and a Ph.D. in Economics from the University of Chicago. She has held faculty positions at Duke University and the University of Chicago. Professor Danzon is an internationally recognized expert in the fields of economics of health care, the biopharmaceutical industry, and insurance. She is a member of the Institute of Medicine and the National Academy of Social Insurance, and a Research

Associate at the National Bureau of Economic Research. She has served as a consultant to many governmental agencies, NGOs and private corporations in the US and internationally. Professor Danzon has served on the Board of Directors of Medarex, Inc., the Policy and Global Affairs Board of the National Academy of Sciences, and the Policy Board of the Office of Health Economics in London.

Martin GAYNOR

Martin Gaynor is the E.J. Barone University Professor of Economics and Public Policy at Carnegie Mellon University and former Director of the Bureau of Economics at the U.S. Federal Trade Commission. Professor Gaynor's research focuses on competition and incentives in health care, and on antitrust policy. His research focuses on competition and antitrust policy, particularly in health care markets. He has written extensively on this topic, testified before Congress, and advised the governments of the Netherlands, the United Kingdom, and South Africa on competition issues in health care. Gaynor is on the

Pennsylvania Governor’s Health Advisory Board and co-chaired the state’s workgroup on shoppable care. He has won a number of awards for his research, including the American Economic Journal: Economic Policy Best Paper Award, the Victor R. Fuchs Research Award, the National Institute for Health Care Management Foundation Health Care Research Award, the Kenneth J. Arrow Award, the Jerry S. Cohen Award for Antitrust Scholarship (finalist), and a Robert Wood Johnson Foundation Investigator Award in Health Policy Research. Dr. Gaynor received his B.A. from the University of California, San Diego in 1977 and his Ph.D. from Northwestern University in 1983.

Mark GIDLEY J. Mark Gidley chairs the White & Case GlobalAntitrust/Competition practice, which is the only suchpractice to have been named Competition Group ofthe Year for seven years by Law360. In 2019, Markwas named "Competition MVP" by Law360 for thesecond time. Mr. Gidley served as the ActingAssistant Attorney General for the US Department ofJustice (DOJ) Antitrust Division in 1992 – 1993 withresponsibility for all civil, criminal and merger mattersof the Division. Prior to that, he served as DeputyAssistant Attorney General for Regulated Industries

in the Antitrust Division from 1991 – 1992, responsible for civil, criminal and merger matters in the telecommunications, energy, computers, intellectual property, and banking and finance industries. From 1990 to 1991, Mr. Gidley served as Associate Deputy Attorney General under then Deputy Attorney William P. Barr, specializing in antitrust and violent crime issues. During his tenure at the Antitrust Division, he worked on a number

of merger and acquisition investigations, including Bank of America's acquisition of Security Pacific National Bank and worked on the development of the seminal DOJ-FTC 1992 Horizontal Merger Guidelines.

Scott HEMPHILL

Scott Hemphill, Professor of Law at NYU School of Law, teaches and writes about antitrust, intellectual property, and regulation of industry. He holds a JD and PhD in economics from Stanford, an AB from Harvard, and an MS. in economics from the London School of Economics, where he studied as a Fulbright Scholar. He served as Antitrust Bureau Chief for the New York Attorney General and clerked for Judge Richard Posner on the US Court of Appeals for the Seventh Circuit, and Justice Antonin Scalia on the United States Supreme Court. Hemphill joined NYU from Columbia Law School, where he was a professor of

law. Hemphill’s research focuses on the law and economics of competition and innovation. His scholarship ranges broadly, from drug patents to net neutrality to fashion and intellectual property. Recent work examines the antitrust problem of parallel exclusion in concentrated industries and anticompetitive settlements of patent litigation by drug makers. His scholarship has been cited by the United States Supreme Court and California Supreme Court, among others, and formed the basis for congressional testimony on matters of regulatory policy. His writing has appeared in law reviews, peer-reviewed journals, and the popular press, including the Yale Law Journal, Science, and the Wall Street Journal.

Elinor HOFFMAN

Elinor R. Hoffmann is Deputy Chief of the New York Attorney General’s Antitrust Bureau and Special Counsel to the Economic Justice Division. She focuses on antitrust issues under state and federal laws in diverse markets, including health care, pharmaceuticals and financial services. She is also an Adjunct Professor of Law at Brooklyn Law School where she teaches courses in Antitrust and Antitrust Issues in Health Care, and serves on the Advisory Board of the Health Law Fellowship

program. Prior to joining the Office of the Attorney General, she was a partner in the firm of Coudert Brothers LLP for 16 years.

Noah JOSHUA PHILLIPS

Noah Joshua Phillips is a Commissioner on the Federal Trade Commission. Prior to the FTC, Mr. Phillips served as Chief Counsel to Senator John Cornyn of Texas, the Republican Whip. From 2011 to 2018, he advised Senator Cornyn on issues including antitrust, constitutional law, consumer privacy, fraud, and intellectual property. Before entering public service, Mr. Phillips worked as a litigation associate at Cravath, Swaine & Moore LLP, in New York City, and Steptoe & Johnson LLP, in Washington, D.C. He also served as a law clerk for Judge Edward C. Prado of the

United States Court of Appeals for the Fifth Circuit. Mr. Phillips began his career at Wasserstein Perella & Co., an investment bank in New York City. Mr. Phillips received his A.B. from Dartmouth College in 2000 and his J.D. from Stanford Law School in 2005.

James KEYTE

As the Director of Global Development, Mr. Keyte plays a lead role in growing Brattle’s antitrust practice and defining a new level of quality for economic consulting. His extensive practical experience, along with his deep antitrust expertise, gives Brattle a competitive advantage in producing top quality expert work product across all competition subject areas. Mr. Keyte is directly engaged in marketing, training, and quality review across all of Brattle’s competition and antitrust engagements both in the U.S. and globally. Mr. Keyte previously spent more than twenty years as

a partner at Skadden, where he handled a wide variety of antitrust litigation, transactions, and advisory matters across numerous industries. He led high-profile antitrust cases involving alleged price-fixing, monopolization, mergers, intellectual property licensing, and sports-related matters, including class actions. He was also involved in a number of high-profile mergers, several of which involved litigation challenges by the DOJ and FTC. Mr. Keyte is the Director of the Fordham Competition Law Institute (FCLI), which he will continue to lead, and has published more than 50 articles related to antitrust across a wide range of topics, including on the subject of expert testimony. He is an adjunct

professor at Fordham Law School, a former editor of Antitrust Law Journal, and currently serves as editor of Antitrust Magazine. He holds a J.D. from Loyola Law School (Law Review) and a B.A. from Harvard University (cum laude).

Max MILLER

Max Miller is an assistant attorney general with the Iowa Attorney General's Office. He enforces Iowa and federal competition laws. Prior to joining the Iowa Attorney General, Max was a litigation associate in the Chicago and London offices of Skadden, Arps, Slate, Meagher & Flom.

George ROZANSKI George Rozanski has more than 25 years of experience in antitrust analysis. He consults on the competitive effects of mergers and acquisitions and provides antitrust analysis of alleged anticompetitive conduct, including vertical restraints, IP licensing practices, and price-fixing. Dr. Rozanski′s expertise includes the use of econometrics for demand estimation and merger simulation. He has substantial experience analyzing candidate theories of

competitive effects in a wide range of industries, both in civil litigation and before US antitrust agencies. Prior to joining Bates White, Dr. Rozanski served as Chief of the Economic Regulatory Section of the Antitrust Division of the US Department of Justice. In that role, Dr. Rozanski analyzed proposed mergers and acquisitions, single-firm conduct, and proposed changes in economic regulations and legislation that could affect competition and market outcomes. He had responsibility for conducting, supervising, and presenting the agency’s economic analysis in numerous investigations and litigations involving a wide variety of industries, including telecommunications, banking and financial services, intermediate capital goods, differentiated consumer products, Internet music and video distribution services, financial trading platforms, pharmaceuticals, medical

devices, steel, defense, and homogeneous manufactured goods. Dr. Rozanski earned his SB in economics from the Massachusetts Institute of Technology prior to obtaining his MA and PhD in economics from Harvard.

Christine SIEGWARTH MEYER

Dr. Christine Meyer is a Managing Director and Chair of NERA’s Intellectual Property Practice, and founding member of the firm’s Life Sciences Industry Group. Dr. Meyer is considered one of the foremost testifying economists in the areas of complex commercial litigation involving intellectual property, antitrust claims, and commercial damages in the United States and Canada. Dr. Meyer has analyzed economic issues in a wide range of industries, with much of her recent work involving pharmaceuticals. She has been retained on behalf of both branded and generic firms in matters that have included small molecule as well

as biologic products. Her work has also included the valuation of patents, licenses, and potential business acquisitions. Dr. Meyer earned her PhD in economics from the Massachusetts Institute of Technology, and a BS in economics from the United States Military Academy at West Point.

Eric STOCK

Eric J. Stock is a partner in the New York office of Gibson, Dunn & Crutcher. Mr. Stock’s practice focuses on antitrust litigation and investigations, especially for clients in the pharmaceutical, financial services, high tech, and health care industries. He is a member of Gibson Dunn’s Antitrust and Competition and Litigation Practice Groups. Mr. Stock’s practice involves all aspects of antitrust enforcement, including civil and criminal government investigations, merger clearance, and working with international regulators. He frequently is responsible for

coordinating a client’s response to antitrust investigations and civil litigation in multiple jurisdictions and proceedings. He has extensive experience litigating class actions and other civil antitrust cases in federal court, including defending clients accused of unlawful monopolization, collusion, and anticompetitive transactions. Mr. Stock has particular

experience counseling and litigating matters where a client faces antitrust scrutiny as a result of its defense of its intellectual property rights. In 2014, Mr. Stock served as the lead trial lawyer in a pharmaceutical monopolization case in the Southern District of New York. Mr. Stock’s success at trial was affirmed by the U.S. Court of Appeals for the Second Circuit. Mr. Stock served for three years as Chief of the Antitrust Bureau at the New York Attorney General’s Office (“NYAG”). In that role, he was responsible for overseeing the enforcement of New York State’s antitrust laws and representing the interests of New York and its consumers in national antitrust matters.