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Antitrust Investigations: What Counsel for Pharmaceutical Companies and Medical Device Manufacturers Need to Know

Product Code - LGN248
Speaker(s): Diane E. Bieri, Arnold & Porter LLP; James L. Cooper, Arnold & Porter LLP; Peter J. Levitas, Arnold & Porter LLP
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In-house counsel for pharmaceutical companies and medical device manufacturers are often called on by business personnel to consider the possible antitrust risks and liability associated with various business strategies. The faculty for this program will cover what you need to know about the basic investigative processes used by the federal antitrust agencies, how they approach investigations, and what types of business conduct are most likely to get their attention.

The business and legal significance of recent government investigative and enforcement activity against pharmaceutical and medical device companies will also be addressed. The program will also highlight some of the significant risks of private antitrust litigation and will offer suggestions for mitigating those risks and navigating the complex litigation landscape.

Educational Objectives:

• Understand which laws apply to different business conduct and how those laws are applied in the pharmaceutical and medical device industry.

• Learn how the antitrust agencies approach the investigation and litigation of a variety of common business practices of pharmaceutical and medical device companies.

• Discover how to prepare for private civil antitrust litigation revolving around those same business practices, from training and compliance through trial.

• Become able to proactively mitigate the risk and magnitude of private civil antitrust litigation.

Who would benefit most from attending this program?

In-house antitrust counsel and compliance counsel, especially those advising pharmaceutical or medical device companies. Attending this program will help these practitioners assess the business and litigation risk associated with certain business practices and will prepare them to deal with the associated antitrust investigations and litigation.

Program Level: Intermediate
Prerequisite: A general understanding of antitrust issues.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

Diane E. Bieri, Arnold & Porter LLP; James L. Cooper, Arnold & Porter LLP; Peter J. Levitas, Arnold & Porter LLP

Diane E. Bieri, Arnold & Porter LLP
Diane Bieri is a partner with Arnold & Porter, where she works with the firm’s FDA and Healthcare and Antitrust practice groups. She focuses her practice on counseling and advocating before courts, agencies, and Congress regarding a variety of antitrust, FDA, and compliance issues, primarily in the pharmaceutical and biotechnology sectors. Prior to joining Arnold & Porter, Ms. Bieri served as Executive Vice President and General Counsel of the Pharmaceutical Research and Manufacturers of America (PhRMA), the leading trade association for research-based biopharmaceutical companies.

Ms. Bieri earned a J.D., cum laude, from Georgetown University Law Center and a B.A., summa cum laude, in Journalism and Political Science from the University of Pittsburgh. She is licensed to practice in the District of Columbia.

James L. Cooper, Arnold & Porter LLP
James L. Cooper, a senior partner in Arnold & Porter Antitrust and Litigation practice groups, takes complex civil litigation matters to trial. He has represented research pharmaceutical companies in antitrust and other complex litigation for over twenty years, including in arbitrations, at trial, and on appeal.

Mr. Cooper earned J.D. and Ph.D. degrees from Indiana University—Bloomington and A.M. and A.B. degrees from the University of Chicago. He is an adjunct faculty member at both Georgetown University Law Center and the George Mason University School of Law. Mr. Cooper is licensed in the District of Columbia.

Peter J. Levitas, Arnold & Porter LLP
Pete Levitas is a partner in Arnold & Porter's Antitrust practice group. He has more than 20 years of experience as an antitrust lawyer addressing and resolving complex merger and conduct issues, particularly those affecting the healthcare, pharmaceutical and technology sectors. Mr. Levitas has served in a wide range of U.S. government positions; most recently, he served for more than four years in the role of Deputy Director in the Bureau of Competition at the Federal Trade Commission. In private practice, Mr. Levitas has represented Fortune 500 and other companies in a wide range of complex state and federal civil investigations focusing on antitrust, competition, and consumer protection issues.

Mr. Levitas earned a J.D., cum laude, from Harvard Law School and a B.A., summa cum laude, in History from the University of Pennsylvania. He is licensed to practice in New York and in the District of Columbia.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to