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...

In response to questions for the record after my testimony at the Senate Judiciary Committee hearing, I addressed the inquiries of three Senators.First, I responded to Senator Grassley's questions. I explained that the market of pharmacy benefit managers (PBMs) is not competitive and that PBMs...

The TRIPS Agreement allows WTO Members to enact and apply appropriate domestic competition law to address IPR-related anti-competitive practices. However, these flexibilities in the TRIPS Agreement do not provide any specific guidance for WTO Members. The application of domestic competition law...

Using law and policy as a sustainable competitive advantage source is a recent research stream. This paper illustrates how legal and policy research contributes to firms' strategy in the regulated gambling industry, defined by legislation and jurisprudence. The gambling sector has been a...

Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...

Given its high level of regulation, the gambling industry must be able to react quickly to litigation and resulting change in policy (and enforcement thereof). Using a case study approach, this short paper highlights how the twin issues of policy and litigation have recently impacted the...

There is some empirical evidence that the effectiveness of antimonopoly policy (hereinafter referred to as the “EAP”) depends on different aspects of policy design, like engaging in leniency policy and competition authority independence. However, these features of competition policy design...

Perhaps no living person has had greater influence on US antitrust doctrine than Herbert Hovenkamp. In fleshing out the sparse US antitrust statutes over the course of his distinguished career, Professor Hovenkamp has embraced four guiding principles: that antitrust’s goal is to promote...