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,...

Following the U.S. Supreme Court’s 2013 holding in FTC v. Actavis, Inc. that antitrust liability can attach to reverse payment patent settlements, courts have diverged about how to determine whether private parties who prove that such an agreement violates antitrust law are entitled to any...

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

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...

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...

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...

Drug companies have engaged in "product hopping," reformulating a drug so a generic can't be substituted while encouraging doctors to prescribe the new version. My statement (1) defines the activity, (2) reveals harms suffered by consumers, (3) offers concerning examples, (4) shows how product...