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.
It’s been a few years since the district court’s judgment in the landmark Microsoft monopolization case. Brian, Bill and I were all just a tad younger in 2000, don’t you think?
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.
What should be of antitrust concern is how Apple has used its iOS monopoly power in anticompetitive ways that go far beyond what Microsoft was lambasted for doing to Netscape in the now-ancient 1990s.
Three recent speeches by Obama Administration officials provide key insights into the rather conflicted view of current policymakers on the appropriate role of competition regulation in today’s age of digital-fueled disruption.
New Year’s is always a time for remembrance and nostalgia, with lots of “top” lists. This is another, focused on the most important, entertaining and reverberating technology law cases of 2014.
Even before the landmark United States v. Microsoft Corp. antitrust case, competition law was a bit schizophrenic when it came to the question of interoperability. Monopolists have no general duty to make their products work with those of competitors, but what about the situation where a dominant firm deliberately re-designs products to render them incompatible with others? That […]
The anticompetitive effects of vertical integration by cable systems have now reached crisis proportions with the ongoing refusal — already more than five months old and with no end in sight — of Time Warner to license Los Angeles Dodgers baseball games for cable or satellite distribution, or local broadcast, on any network other than its own SportsNet LA programming channel.
A French decision on Caribbean yogurt muddies the difference between antitrust and consumer protection, which are quite distinct concepts in America.
The same underlying market power and distribution problems still exist in music licensing, just as they did in 1941.