Merger Law for Biotech and Killer Acquisitions

Sokol, D. Daniel

Download This Paper

Open PDF in Browser

Add Paper to My Library

Merger Law for Biotech and Killer Acquisitions

71 Fla. L. Rev. Forum 1 (2020)

University of Florida Levin College of Law Research Paper No. 20-49

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: 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