Antitrust agencies amend premerger notification rules to clarify reporting of acquisitions of pharmaceutical patent rights
By Paolo Morante and Laura M Kam
The US Federal Trade Commission, with the concurrence of the Antitrust Division of the US Department of Justice, has amended the premerger notification rules to clarify when a transfer of exclusive rights to a patent or part of a patent in the pharmaceutical industry is reportable under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976.
The new rules require that transfers of ‘all commercially significant rights’ (typically in the form of an exclusive licence) to a patent or part of a patent in the pharmaceutical industry, including biologics, be reported to the antitrust agencies at least 30 days in advance of closing of the proposed transfer, assuming the HSR Act’s other statutory thresholds are met.
The new rules may cause an uptick in premerger notification filings in the pharmaceutical industry by expanding the reportability of certain licence transactions in which the licensor retains limited rights to ‘make’ the drug at issue for the licensee or assists the licensee in the sale of the drug. The new rules clarify that premerger notification reporting is required even where the licensor retains limited rights to manufacture for the licensee and co-rights to co-develop, co-promote, co-market or co-commercialise with the licensee…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The land and buildings transaction tax will replace stamp duty land tax in Scotland on 1 April 2015.
The government has released an exposure draft of the Exploration Development Incentive (EDI) legislation.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.