In early 2004, the U.S. Government initiated the Medicare Discount Drug Card Program, under which a large amount of pharmacy-level price data pertaining to over 800 drugs has been released weekly on the Medicare Web site continuously between May 29, 2004 and October 2005. This extensive...

In early 2004, the U.S. Government initiated the Medicare Discount Drug Card Program, which created a market for drug cards that allowed their subscribers to obtain discounts on their prescription drug purchases. Pharmacy-level prices for several drugs were posted on the program website weekly...

This report focuses on three major state law issues: tort liability, scope of practice, and the corporate practice of medicine doctrine. The authors argue that statutory and regulatory schemes need to be re-examined to ensure that Accountable Care Organizations (ACOs) can form. For example,...

Robert Bork's Antitrust Paradox (1978) has been justification for lack of antitrust behavior for over four decades. His test essentially asks if consumers are harmed by the pricing practices of the firm in the market in which they purchase the good or service. Even if these firms are monopoly or...

Platform businesses have been pivotal in the rise of the digital economy. Amazon is one example of a platform taking on the role of a quasi-regulator; an entity that is able to determine the terms of interaction on the platform. This intermediary position entails the danger of anti-competitive...

The internet giants - Facebook, Amazon, Netflix and Google, among others - have transformed society with both positive and negative effects. The negative effects have been stark. There have been huge disruptions caused by e-commerce. More recently, subtler, but even more serious negative effects...

This chapter describes the market for pharmaceuticals, which exceeded $500 million in sales in 2010. The industry is also characterized by extensive regulation of almost every activity, from product development through manufacturing and marketing, which we summarize. We next describe the...

This article offers a proposal for the regulation of stem cell products by the Food and Drug Administration (“FDA”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be successfully integrated to create a comprehensive legal...