Antitrust + Competition Life Sciences Quarterly Update – Q2 2022 | Goodwin

Though parts of the criticism stay below seal, it seems to be the case from the publicly obtainable model that the FTC’s case hinges much less on any precise intention by Meta to enter this house than the notion of Meta’s rivals (and the FTC) as to Meta’s intentions and capability to enter based mostly on its measurement, sources and actions in associated areas.

It isn’t tough to see potential analogs to such a concept within the pharmaceutical house. “Large Pharma” options a number of giant firms with in depth sources and expertise with innovation throughout completely different therapeutic areas and scientific platforms. Utilizing the FTC’s concept as articulated within the Meta/Inside criticism, an organization’s option to enter by way of acquisition of scientific or preclinical pipeline — moderately than organically — may very well be considered as anticompetitive. Additional, its presence in a given scientific space, when thought-about with its total measurement and sources, may contribute to a view by its rivals that it’s a “perceived potential entrant” into any variety of product markets.

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