Peter Kohn speaks at the ABA Section of Antitrust Law’s 64th Annual Spring Meeting

Peter Kohn was an invited speaker at the Health Care & Pharmaceuticals and State Enforcement Committee’s program, “Exclusionary or Not?  Product Hopping and REMS,” on April 6 at the ABA Section of Antitrust Law’s 2016 Spring Meeting in Washington, D.C.  He was joined by Seth Silber of Wilson Sonsini Goodrich & Rosati, P.C., George Gordon of Dechert LLP, Dr. Fiona M. Scott Morton of Yale’s School of Management, and Heather Johnson of the Federal Trade Commission’s Healthcare Division.  Mr. Kohn answered questions from the perspective of a generic drug company concerning why product hopping — changing the brand drug product to prevent an imminent generic version from being substitutable at the pharmacy counter — represents an exercise of a brand drug company’s market power, why withholding samples of a restricted-distribution drug may be cognizably anticompetitive, and how existing antitrust precedent construing Section 2 of the Sherman Act is sufficient to condemn such conduct.  Mr. Kohn was last invited to speak at the Section of Antitrust Law’s Spring Meeting in 2011, on the topic of resale price maintenance.