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Testimony on HB 1902 Prohibiting “Pay for Delay” Settlements

TOTM David Fischer brings my attention to testimony on HB 1902 which would prohibit “payment for delay” settlements between brand name and generic drug companies.  FTC . . .

David Fischer brings my attention to testimony on HB 1902 which would prohibit “payment for delay” settlements between brand name and generic drug companies.  FTC Commissioner Leibowitz testified on the position of my new employer here.

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Antitrust & Consumer Protection

A New Defense of the Per Se Prohibition Against RPM?

TOTM Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense . . .

Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense of the per se rule against RPM.

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Antitrust & Consumer Protection

FTC Website Upgrade

TOTM As David points out over at Antitrust Review, the FTC has redesigned its website. It is much easier to use than the old version and . . .

As David points out over at Antitrust Review, the FTC has redesigned its website. It is much easier to use than the old version and includes much easier access to content.

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Antitrust & Consumer Protection

George Mason/Microsoft Conference on the Law & Economics of Innovation

TOTM As Danny Sokol already pointed out, On May 4 at George Mason Law School, Josh Wright and I will be putting on a conference.  This . . .

As Danny Sokol already pointed out, On May 4 at George Mason Law School, Josh Wright and I will be putting on a conference.  This is the inaugural conference in an expected annual series of conferences co-sponsored by George Mason Law School and Microsoft on the law and economics of innovation.  Our first conference is on “The Regulation of Innovation and Economic Growth.”

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Intellectual Property & Licensing

One More on Leegin (and then I’ll shut up…promise!)

TOTM I was on Spring Break last week and was too tied up to do much blogging on Leegin, which I’ve been following pretty closely. Fortunately, . . .

I was on Spring Break last week and was too tied up to do much blogging on Leegin, which I’ve been following pretty closely. Fortunately, Josh and Keith were on the ball with some great insights. I did eventually manage to do a little tea-leaf reading for the eSapience Center for Competition Policy (eCCP).

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Antitrust & Consumer Protection

You Mean Leegin’s Not the Only SCOTUS Antitrust Case?

TOTM While we have been going on and on and on about Leegin here at TOTM, Manfred Gabriel offers a detailed analysis and a prediction on . . .

While we have been going on and on and on about Leegin here at TOTM, Manfred Gabriel offers a detailed analysis and a prediction on Twombly, the pending SCOTUS case which may provide some important guidance on 12(b)(6) standards.  Gabriel predicts that the Court will neither embrace the District Court’s ruling that plus-factors must be pleaded in a complaint to survive a motion to dismiss nor adopt the Second Circuit’s holding.  Instead, Gabriel predicts that the Court will…

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Antitrust & Consumer Protection

Some Preliminary Reactions to the Leegin Transcripts

TOTM Transcripts in Leegin are available here (HT: Antitrust Review where David Fischer points out some of the highlights of the oral argument).  I may add . . .

Transcripts in Leegin are available here (HT: Antitrust Review where David Fischer points out some of the highlights of the oral argument).  I may add some additional thoughts later after I read the whole thing again, but for now here are some first impressions…

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Antitrust & Consumer Protection

Cass on Leegin

TOTM Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles… Read the full piece . . .

Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles…

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Antitrust & Consumer Protection

Is Certainty a Good Thing for Section 2 Standards?

TOTM I was searching through the eCCP site for some interesting antitrust reading material, which it always carries in surplus, and came across this testimony from . . .

I was searching through the eCCP site for some interesting antitrust reading material, which it always carries in surplus, and came across this testimony from Joe Sims (here is his Jones Day bio) at the Section 2 hearings discussing the lack of certainty in monopolization cases…

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Antitrust & Consumer Protection