U.S. consumers pay billions of dollars extra each year because brands engage in anticompetitive conduct to delay generic entry. Congress can take four actions to remedy this. First, it could pass the CREATES Act, which provides a regulatory fix for REMS abuses. Second, Congress could make clear...

Biologic manufacturers have disparaged biosimilars, raising foreboding safety warnings that have hampered their adoption in the U.S. marketplace. In this short piece, I explain how this violates antitrust law

Pity the Rule of Reason. The framework employed in the majority of antitrust cases is frequently discussed but continually misunderstood. It is associated with balancing, but its burden-shifting framework almost never reaches that stage. It is called indeterminate, but its analysis is not. And...

Biologics offer pathbreaking advances, but at a high price. Competitors known as biosimilars promise lower prices. But they will not be adopted if biologic manufacturers disparage them, raising safety concerns. This short piece highlights the four types of deceptive statements and omissions...

Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues. This short piece discusses the court’s opinion and highlights its errors analyzing sham behavior, patent...

This piece reviews Richard Posner's revision of his seminal work, Antitrust Law. It analyzes Judge Posner's success in updating the original work to account for developments in antitrust law and theory in the past 25 years. The review contends that Judge Posner succeeds in his explanation of the...

After my testimony at the House Energy & Commerce Committee hearing, I addressed Rep. Schakowsky's questions relating to a potential FTC report on product hopping.I explained that such a report would be helpful in obtaining information on the frequency and types of "product hopping" (by which...

Property is being hijacked. In property law itself, it is well-recognized that owners’ rights are accompanied by robust limits. No one familiar with property law could reasonably claim that property owners have absolute rights to exclude.But when the concept of property is exported elsewhere,...

In FTC v. Actavis, the Supreme Court issued one of the most important antitrust rulings in the past generation, finding that settlements by which brand firms pay generics to delay entering the market could violate antitrust law. In March, the FTC applied Actavis for the first time, issuing a...

Association for Accessible Medicines (AAM) warns that if this Court does not enjoin California's drug-patent settlement legislation, AB 824, there will be no more settlements, drug prices will rise, and patent law will be decimated. These claims offer no shortage of drama. But for at least three...