Consumers’ right to repair their products is under attack. Manufacturers have decimated this long-held right by making parts unavailable, preventing products from working, and imposing software restrictions. Farmers can no longer repair tractors, medical professionals can’t fix ventilators,...

Whenever Congress considers reasonable legislation to lower drug prices, we hear that this will be the "end of innovation." This short piece compares Big Pharma to the boy who cried wolf, offering numerous examples (going back to 1961!) of the industry claiming that legislation will harm innovation

The smartphone industry today is characterized by a thicket of patents and wars based on those patents. Every day brings a new lawsuit or development between Apple, HTC, Microsoft, Motorola, Nokia, and Samsung. The lawsuits span numerous courts and several continents. This 5-page article...

In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the FTC offered its first elaboration upon this framework. On behalf of all 5 members,...

When a brand drug firm reformulates its product, encourages doctors to prescribe the new version, and can offer no justification other than harming generic rivals, antitrust liability should be on the table. We thus disagree with Jack E. Pace III and Kevin C. Adam, who would limit antitrust...

Pharmaceutical antitrust law is hard. When drug companies delay generic entry, is that beneficial “life-cycle management”? Or is it unjustified anti-competitive behavior? The question arises in multiple settings, including patent settlements by which brand firms pay generics to delay...

In the past year, pharmacy benefit managers (PBMs) have catapulted into public attention. While PBMs initially helped patients by reducing burdens and lowering price, today they are doing the opposite. This short piece outlines 6 steps that could address the PBM problem. Congress can take four:...

This comment highlights the importance of context, the appropriate test, and balance for the IP/competition intersection. First, it emphasizes the importance of context, in particular the regulatory regime in the pharmaceutical industry, highlighting the role the FTC can play through litigation,...

The intersection of the patent and antitrust laws presents a formidable paradox. The patent laws increase invention and innovation by offering inventors a right to exclude. The antitrust laws foster competition, sometimes through the condemnation of such exclusion. Courts and commentators have...