•   It is possible to demonstrate convincing benefits that the collaboration will achieve that could not as easily be achieved independently.

Mr. Leibenluft noted that it is possible to obtain prior guidance with the FTC or the DOJ, both of which oversee antitrust laws. Antitrust lawyers are also used to advising research and development efforts. “I don’t think it should be an insurmountable barrier if it’s done right,” Mr. Leibenluft concluded.

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