Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to...

This short article summarizes FTC v. Actavis, the first case in which the Supreme Court analyzed the antitrust legality of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market. It concludes that the ruling must be counted as a win...

Both in the European Union (‘EU’) and the United States (‘US’), antitrust law offers a unique and potentially powerful tool to curb the private regulatory power of sports governing bodies and leagues (‘sports organizations’). The application of antitrust rules and principles to...

In the Cephalon case, Judge Goldberg (ED Pa) denied defendants' summary judgment motions, sending the second reverse-payment-settlement case to trial. This short article analyzes the judge's decision, in particular addressing the appropriate liability standard under FTC v. Actavis and what...

In the area of drug patent settlements, the First Circuit's ruling in In Re Loestrin 24 Antitrust Litigation is a crucial decision. Since the Supreme Court's ruling in FTC v. Actavis, much ink has been spilled on whether "payment" applies beyond cash. The vast majority of district courts (as...

Brand-name drug firms sometimes switch from one version of a drug to another to delay generic entry. In a case involving the acne-treating antibiotic Doryx, the Third Circuit failed to sufficiently appreciate the anticompetitive concerns with such “product hopping.” The court misapplied the...

In GSK v. Teva, the Federal Circuit (in a 2-1 ruling) found that Teva induced infringement of GSK's patent. While much of the opinion addresses issues of causation as applied to the facts at issue in the case, one aspect of the opinion raises significant general concern.In settings in which a...