Merger Law for Biotech and Killer Acquisitions

10 Pages Posted: 31 Aug 2020 Last revised: 15 Dec 2020

See all articles by D. Daniel Sokol

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Date Written: September 17, 2020

Abstract

This Essay suggests a framework of how to conceptualize “killer acquisitions” in the biotech sector. In a killer acquisition, a larger branded pharmaceutical company buys a start-up company with a pipeline product with the intention to shut the pipeline product down. The Essay offers a way to police against acquisitions that may hurt consumers and still encourage pro-competitive acquisitions that may improve innovation and consumer welfare.

Keywords: pharma, antitrust, mergers, killer acquisitions, innovation, drug development

JEL Classification: O31, L41, G34, L65

Suggested Citation

Sokol, D. Daniel, Merger Law for Biotech and Killer Acquisitions (September 17, 2020). 71 Fla. L. Rev. Forum 1 (2020), University of Florida Levin College of Law Research Paper No. 20-49, Available at SSRN: https://ssrn.com/abstract=3658337

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

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