This plan recommends maximizing health care, not coverage, for those currently uninsured, and suggests preserving the status quo regarding health insurance where it is working, at least for the immediate future. It is, first, a market-driven plan, favoring incentives and practices that maximize...

While European health care systems are mostly public and similar the contrast is large to the US health industry based to a large extent in the market. Using competence bloc theory the industrial potential of Swedish and European health care is assessed and compared with US health industry. To...

Two panel opinions of the Seventh Circuit reached opposite conclusions in two massive antitrust cases during the past year, even though they purported to apply the same, now-infamous Twombly-Iqbal pleading standard, and even though the complaints in the two cases were very similar and the...

"In the last two decades, the world has seen the proliferation of effective leniency programs, ever-increasing sanctions for cartel offenses, and a growing global movement to hold individuals criminally accountable," a top antitrust official recently observed. Statistics from several of the...

Vertical mergers within a multi-echelon market result in equilibrium price changes, for wholesalers and retailers, alike. They may also impact the product variety that is available to the consumer, i.e., the equilibrium product assortment sold in the market. In this paper, we consider the...

The critical loss test proposed by Barry Harris and Joseph Simons has become popular in helping define U.S. antitrust markets. The test commonly leads to large, inclusive markets. We show that it is problematic, for several reasons.

Fair competition law and public health law talk past each other when discussing pharmaceutical pricing and distribution. The former cannot agree on the relevant definition of consumer welfare. The latter does not fully comprehend the highly complex but inherently collective nature of...

This chapter reflects on the evolution of competition law jurisprudence regarding the excessive pricing of pharmaceutical products, and suggests areas where improvements might be considered. This includes, first, establishing per se rules regarding pricing increases that might be considered...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...