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Sharing, Samples, and Generics: An Antitrust Framework

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant […]

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CROSS-MARKET MERGERS IN HEALTHCARE: ADAPTING ANTITRUST REGULATION TO ADDRESS A GROWING CONCERN

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Antitrust and Wealth Inequality

In recent years, progressive public intellectuals and prominent scholars have asserted that monopoly power lies at the root of wealth inequality and that increases in antitrust enforcement are necessary to stem its rising tide. This claim is misguided. Exercises of market power have complex, cross- cutting effects that undermine the generality of the monopoly regressivity […]

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Assembled Products: The Key to More Effective Competition and Antitrust Oversight in Health Care

This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust […]

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Economic Authority and the Limits of Expertise in Antitrust Cases

In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts’ narrowing of per se rules of illegality and the courts’ expansion of certain areas of factual inquiry. At the same […]

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First and Goal: How the NFL’s Personal Conduct Policy Complies with Federal Antitrust Law

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The Hart-Scott-Rodino Act’s First Amendment Problem

The Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) is a centerpiece of federal antitrust law. Designed to aid enforcement of Clayton Act Section 7, which prohibits mergers and acquisitions that “may . . . substantially . . . lessen competition” or “tend to create a monopoly,” the statute requires purchasers of an issuer’s voting securities exceeding […]

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The Paradox of Predatory Pricing

Predatory pricing law attempts to keep prices low by harshly sanctioning prices that are anticompetitively low. The paradox of predatory pricing law is that even an analytically perfect specification of the line between predatory and innocent price cuts would result in deviations from optimal pricing because the very recognition of a predatory pricing offense will induce some firms to forgo […]

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