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.
A French decision on Caribbean yogurt muddies the difference between antitrust and consumer protection, which are quite distinct concepts in America.
The last few weeks have seen a couple of remarkable announcements, one from the FTC about digital advertising disclaimers and one from the SEC about corporate financial disclosures, that just make digital advertising that much harder, if not totally impracticable.
With some educated guesses, knowledgeable observers can assess whether an FTC prosecution of Google would succeed. Others may (and do) differ, but this author believes an FTC monopolization case — or a “pure” Section 5 case — against Google would be a really bad idea.