Life Sciences – Antitrust, Government Investigations and Enforcement

Antitrust

Troutman Sanders has both the experience and knowledge to guide our life sciences clients through the complex and highly regulated challenges of business competition and antitrust issues in the U.S., as well as abroad. We regularly advocate for clients before enforcement agencies such as the Department of Justice and the Federal Trade Commission, as well as before foreign agencies, including the European Commission. Our lawyers are skilled on current antitrust laws and regulations and work with our clients to ensure proper compliance and avoid litigation by preparing antitrust audits, compliance programs, and employee training programs. We have particular experience advising clients on pricing and distribution issues in the life sciences sector and have successfully handled abbreviated new drug applications (ANDAs) and related litigation.

Government Investigations, Compliance and Enforcement

Our White Collar and Government Investigations lawyers have a wealth of experience in successfully representing our clients, both corporations and individuals, in complex federal and state criminal investigations; government agency investigations, including SEC enforcement and DOJ enforcement actions under the False Claims Act; internal investigations; and civil or regulatory proceedings, both in jurisdictions across the United States and numerous countries abroad.

Our lawyers also provide global Foreign Corrupt Practices Act (FCPA) counseling and anti-corruption investigative experience to our clients. We focus on the delivery of comprehensive, results-oriented FCPA enforcement prevention, risk mitigation, and defense solutions. We have represented U.S. and non-U.S. companies and international entities before the DOJ, SEC and other government agencies, in connection with FCPA and related anti-bribery matters, as well as whistleblower complaints under the Dodd-Frank Wall Street Reform and Consumer Protection Act. We have handled third-party and merger and acquisition-related anti-bribery due diligence reviews and opinions, and related DOJ and SEC representations.

Representative Experience

  • Conducted internal investigation for international pharmaceutical company concerning potential securities law violations.
  • Represented a leading pharmacy benefit manager in a 33-state investigation involving “undisclosed” rebates.
  • Provided FCPA compliance counseling, merger and acquisition due diligence, compliance policies and procedures related to China drug sales and market entry activities for New Jersey-based publicly traded drug company.
  • Coordinated patent policy updates, patent research, and provided other international regulatory compliance counseling in OFAC trade sanctions compliance, governance and ethics compliance counseling for global issues for a U.S. biotech company with headquarters in Ireland.
  • Represented a national wholesale distribution company in a False Claims Act action alleging violations of the Buy American Act and the Trade Agreements Act.
  • Represented a national medical supply company under investigation for alleged multimillion-dollar Medicare fraud as a result of a False Claims Act action initiated by former employees.
  • Represented national health care provider under investigation by the Department of Justice for Medicaid/Medicare fraud.
  • Represented a multinational chemical company in DOJ Antitrust Division’s investigation of issues related to price fixing and customer and territorial allocation.
  • Represented a major animal health company in the internal investigation of whistleblower’s allegations related to inaccurate FDA reporting.
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