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Seth C. Silber
Partner
Antitrust and Competition
Washington, D.C.

D202-973-8824

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  • Specialized Antitrust Expertise

    Seth focuses on advising clients in the pharmaceutical and healthcare markets, including issues concerning pharmaceutical patent settlements, mergers and acquisitions, and anticompetitive conduct.

  • Deep Antitrust Expertise

    Prior to joining Wilson Sonsini, Seth served for six years at the FTC.

  • Leadership Roles

    Seth is active in the ABA’s Antitrust Section and served as chair of the Health Care and Pharmaceuticals Committee.

Seth Silber is a partner in the firm's Washington, D.C., office, where he focuses on advising clients in the pharmaceutical and healthcare markets, including issues concerning pharmaceutical patent settlements, mergers and acquisitions, and anticompetitive conduct. He regularly represents clients before both the Federal Trade Commission and U.S. Department of Justice.

Seth joined Wilson Sonsini Goodrich & Rosati in September 2006 after serving for six years at the Federal Trade Commission (FTC). During his tenure at the FTC, Seth obtained unique experience and insights into the commission's antitrust activities and enforcement practices, having served at all levels of the commission.

From 2004 to 2006, Seth served as an advisor to former FTC Chairman Jon Leibowitz, advising him on enforcement issues relating to both anticompetitive conduct and mergers affecting various industries, including healthcare, medical devices, media, and oil and gas. He also served as an Assistant to the Bureau Director in the Bureau of Competition. In that role, he reviewed recommendations from the bureau staff on both merger and non-merger matters, with a particular emphasis on pharmaceutical matters.

During his first three years at the FTC, Seth was a staff attorney in the bureau's Health Care Division. He was a lead attorney in FTC v. Schering-Plough and was involved in many of the commission's investigations involving pharmaceutical patent settlements and Orange Book listings. While in the Health Care Division, he also conducted several merger investigations and served as the division's liaison to the Food and Drug Administration.

In his current practice at Wilson Sonsini, Seth regularly counsels clients regarding the antitrust risks posed by pharmaceutical patent settlements and has represented clients in FTC investigations of such settlements. He has also served as lead counsel for several cutting-edge pharmaceutical litigations including litigation concerning pharmaceutical product hopping, REMS systems, and standard setting in the pharmaceutical industry.

Seth is active in the American Bar Association's Antitrust Section. He served as chair of the Health Care and Pharmaceuticals Committee, a position he also held from 2009 to 2012, and from 2016 to 2019. He was appointed in 2012 to serve on the section's governing council and is the lead editor of the first-ever treatise on pharmaceutical antitrust, the Pharmaceutical Industry Antitrust Handbook, which was published by the ABA in 2009.

Prior to joining the FTC, Seth was in private practice at Paul Hastings in Washington, D.C. He also is a part-owner and treasurer of the Fredericksburg Nationals, the Class-A minor league baseball affiliate of the Washington Nationals. Additionally, Seth currently served as the board chair for One World Education, a Washington, D.C.-based nonprofit from 2014 to 2018.

Experience

Seth Silber is a partner in the firm's Washington, D.C., office, where he focuses on advising clients in the pharmaceutical and healthcare markets, including issues concerning pharmaceutical patent settlements, mergers and acquisitions, and anticompetitive conduct. He regularly represents clients before both the Federal Trade Commission and U.S. Department of Justice.

Seth joined Wilson Sonsini Goodrich & Rosati in September 2006 after serving for six years at the Federal Trade Commission (FTC). During his tenure at the FTC, Seth obtained unique experience and insights into the commission's antitrust activities and enforcement practices, having served at all levels of the commission.

From 2004 to 2006, Seth served as an advisor to former FTC Chairman Jon Leibowitz, advising him on enforcement issues relating to both anticompetitive conduct and mergers affecting various industries, including healthcare, medical devices, media, and oil and gas. He also served as an Assistant to the Bureau Director in the Bureau of Competition. In that role, he reviewed recommendations from the bureau staff on both merger and non-merger matters, with a particular emphasis on pharmaceutical matters.

During his first three years at the FTC, Seth was a staff attorney in the bureau's Health Care Division. He was a lead attorney in FTC v. Schering-Plough and was involved in many of the commission's investigations involving pharmaceutical patent settlements and Orange Book listings. While in the Health Care Division, he also conducted several merger investigations and served as the division's liaison to the Food and Drug Administration.

In his current practice at Wilson Sonsini, Seth regularly counsels clients regarding the antitrust risks posed by pharmaceutical patent settlements and has represented clients in FTC investigations of such settlements. He has also served as lead counsel for several cutting-edge pharmaceutical litigations including litigation concerning pharmaceutical product hopping, REMS systems, and standard setting in the pharmaceutical industry.

Seth is active in the American Bar Association's Antitrust Section. He served as chair of the Health Care and Pharmaceuticals Committee, a position he also held from 2009 to 2012, and from 2016 to 2019. He was appointed in 2012 to serve on the section's governing council and is the lead editor of the first-ever treatise on pharmaceutical antitrust, the Pharmaceutical Industry Antitrust Handbook, which was published by the ABA in 2009.

Prior to joining the FTC, Seth was in private practice at Paul Hastings in Washington, D.C. He also is a part-owner and treasurer of the Fredericksburg Nationals, the Class-A minor league baseball affiliate of the Washington Nationals. Additionally, Seth currently served as the board chair for One World Education, a Washington, D.C.-based nonprofit from 2014 to 2018.

Focus Areas
Recent Insights
Alerts
Jury Finds Gilead and Teva Did Not Engage in an Anticompetitive Pay-for-Delay Scheme for HIV Drugs
On June 30, 2023, a jury in the Northern District of California found Gilead and Teva not liable in a trial accusing the companies of engaging in an illegal reverse payment to delay generic versions of two HIV drugs, Truvada (emtricitabine/tenofovir) and Atripla (efavirenz-/-emtricitabine-/-tenofovir). Following a five-week trial and two days of deliberations, the jury found that the plaintiffs failed to show that: 1) Gilead had market power within a market that included Truvada and/or Atripla, and 2) Gilead made a reverse payment to Teva to delay the entry of generic competition.1 This case marks the third jury verdict in favor of defendants in reverse-payment cases since the 2013 FTC v. Actavis decision—there have been no verdicts for plaintiffs.2
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News Articles
Wilson Sonsini and Attorneys Recognized in 2022 Edition of LMG Life Sciences
LMG Life Sciences recognized several Wilson Sonsini practices and 16 of its attorneys in the 2022 edition of its guide, which identifies and ranks the leading law firms and individuals in the life sciences industry.
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Affiliated Programs
Life Sciences Antitrust Conference
As we proceed through 2021, the spotlight on antitrust activity in the life sciences industry shines brighter than ever. For several years, state and federal antitrust enforcers in the U.S. and even international antitrust and competition authorities have been watching the life sciences industry closely for anticompetitive activity. The Biden Administration is now forming its new competition policy and there is pending antitrust legislation which will unquestionably affect the life sciences industries. At the same time, the U.S. DOJ has just confirmed that they are developing new policies to prevent patents from being used as tools for anticompetitive practices, a recent series of criminal antitrust investigations have been brought by federal and state authorities alleging generic price fixing collusion, and a novel multinational task force has just been put in place to examine the anticompetitive impact of life sciences M+A activity. All of these new changes are raising life sciences antitrust concerns to an all-time high, and could significantly increase the volume of litigation for IP and antitrust trial lawyers and their clients.
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