A five-decade consensus on the objectives of antitrust law is under threat today from the extraordinarily divisive politics of contemporary America. It took a long time and sordid episodes to get the politics out of antitrust—it would be a shame to go backwards and politicize competition policy again.
By harnessing the business incentives of generic drug firms to limit the anticompetitive power of branded pharmaceutical patent holders, the CREATES Act represents a straight-forward solution to a market failure created by exploitation of legal loopholes in drug industry regulation. It is a remedy that should be strongly supported by the White House and enacted by the new Congress.
American drug prices are among the highest in the world, the result of a long pattern of anticompetitive tactics in the highly concentrated pharmaceuticals market.
The legal process is increasingly being used by incumbent industries to thwart change with that ancient mantra of obsolescent businesses, “consumer protection.”
Like it or not, Sen. Jay Rockefeller’s new bill asks the right questions about online streaming television competition.
So much media attention was paid to the spectacular collapse of U.S. Senate deliberations on a cybersecurity bill in August — and the Obama Administration’s controversial move to fashion an Executive Order on the subject — that few if anyone focused on the biggest change affecting the data protection landscape.