Cornerstone Research affiliated expert Aviv Nevo of the University of Pennsylvania discussed antitrust issues related to healthcare and life sciences with current Federal Trade Commission (FTC) officials at this thought leadership event.
The program featured conversations between antitrust attorneys and two senior enforcement officials—Daniel Guarnera, Director of the FTC’s Bureau of Competition, and David Shaw, Principal Deputy Director for the Bureau of Competition and Bureau of Consumer Protection—alongside antitrust attorneys. Professor Nevo moderated the event’s Q&A session.
Professor Nevo asked both officials to discuss the evolution of antitrust enforcement across administrations, noting the shifting role of economic analysis and seeking context for the FTC’s current approach to dynamic theories of harm. In addressing the burgeoning role of artificial intelligence (AI), he asked how the FTC identifies and prioritizes antitrust issues in rapidly evolving sectors such as healthcare and life sciences.
In his response, Mr. Guarnera emphasized that antitrust enforcement remains a priority for the FTC. Regarding economic evidence, he advised that it must be thoroughly “baked” and well-supported, cautioning that if economic testimony conflicts with a company’s internal business documents, the agency will favor the real-world evidence of the business records. Mr. Guarnera identified the intersection of healthcare and technology as a critical area of focus, and cited the importance of monitoring AI development and deployment to ensure a robust floor of competition.
Mr. Shaw clarified that the FTC views itself as a “cop on the beat,” practicing case-by-case enforcement rather than acting as an regulator. Shaw encouraged early engagement with the Bureau of Economics to work through complex data and suggested that transparent dialogue with FTC staff can be beneficial to the overall process.
Cornerstone Research cosponsored this event with Concurrences and Axinn, Veltrop & Harkrider. For more information, visit the event website.