For decades, the NCAA has trumpeted "amateurism" and "student-athletes." But what if this is all a façade? What if these are empty phrases the NCAA hides behind in its embrace of commercialism on the backs of athletes?These are the questions at the heart of Joe Nocera and Ben Strauss's gripping...

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...

This short comment applauds the FDA's proposed Guidances on shared REMS (Risk Evaluation and Mitigation Strategies). The FDA requires REMS when a drug's risks (such as death or injury) outweigh its rewards. Brands have used REMS, intended to bring drugs to the market, to block generic...

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 Mylan v. Warner Chilcott, a Third Circuit panel offered a highly questionable decision on “product hopping,” by which a pharmaceutical company switches from one version of a drug to another.Mylan offered a simple and compelling anticompetitive story: (1) defendants were the exclusive...

Since the Supreme Court's decision in FTC v. Actavis, the question that has received the most attention is whether “payment” is limited to cash or encompasses non-cash forms of consideration. The courts, including the Third Circuit in the “King Drug” case, have consistently held that...

In my testimony to the Senate Judiciary Committee, I explained the benefits of legislation addressing anticompetitive conduct that brand-name drug companies have employed: sample denials, pay-for-delay settlements, citizen petitions, product hopping, and patent thickets. By increasing generic...