Stuart Gerson Quoted in “Trump May Yield Pullback on IP, Antitrust Enforcement”

Law360

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “Trump May Yield Pullback on IP, Antitrust Enforcement,” by Melissa Lipman. (Read the full version – subscription required.)

Following is an excerpt:

In other industries, if the president-elect wants to stick to his campaign promises of helping consumers and the working class, that could arguably favor a different approach to health insurance mergers than the Obama DOJ has taken as it challenged a pair of deals, according to Epstein Becker Green's Stuart Gerson. The new administration might, for instance, decide that those deals would create efficiencies and yield lower prices.

But with litigation over both mergers well underway — one is already two weeks into trial, and the other begins next week — it's unlikely the new leadership would be in place in time to pull the plug on those challenges even if they wanted to.

"Obviously nobody's getting confirmed now, and we have a couple of months to go ... until the inauguration," Gerson said. "Even then, you've got lag time, so you would have to say given the pace of the cases as they are now, ... they're likely to outpace new appointments."