Rule or Reason? The Role of Balancing in Antitrust Law
Antitrust law has two basic ways of analyzing conduct alleged to be anticompetitive. Some conduct is viewed as so inherently pernicious that it is deemed i
In a piece just published in the Notre Dame Law Review, @marklemley.bsky.social & I argue that courts are confused about how to apply the rule of reason and explain the importance of a four-step test that includes balancing of costs and benefits. papers.ssrn.com/sol3/papers....
07.10.2025 20:08 — 👍 8 🔁 3 💬 0 📌 0
Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA's Problem
The NCAA recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, it seeks to follow
Honored to receive the “Outstanding Sports and Entertainment Law Paper” from the Academy of Legal Studies in Business for the paper Marc Edelman and I wrote: “Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA’s Problem.” papers.ssrn.com/sol3/papers....
26.08.2025 23:10 — 👍 5 🔁 1 💬 2 📌 1
▶️ #RutgersLaw Professor @mcarrier.bsky.social spoke in a recent Dept. of Justice/Federal Trade Commission listening session on "Lowering Americans Drug Prices Through Competition." In this video, he gives background on cases of 'product hopping.' : www.justice.gov/opa/video/do...
#lawsky
10.07.2025 16:18 — 👍 1 🔁 2 💬 0 📌 0
Can we get a big Texas yeehaw?! The Lone Star State just signed the seventh state Right to Repair law for electronics. It’s also the first electronics repair law to pass in a state led by a Republican, but we’re only surprised it took this long.
24.06.2025 22:54 — 👍 12 🔁 3 💬 1 📌 0
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
11.06.2025 16:42 — 👍 1 🔁 0 💬 0 📌 0
Court denies Deere's motion with colorful language. I've discussed concerns with abuse of consumers' right to repair...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
11.06.2025 16:42 — 👍 1 🔁 0 💬 1 📌 0
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
11.06.2025 16:33 — 👍 0 🔁 0 💬 0 📌 0
Court denies Deere's motion with colorful language. I've discussed concerns with the abuse of the "right to repair"...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
11.06.2025 16:33 — 👍 0 🔁 0 💬 1 📌 0
#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇
#lawsky
11.06.2025 14:43 — 👍 0 🔁 1 💬 0 📌 0
Standards Organizations: The Missing Link in Fixing FRAND Evasion
Standards, common platforms that allow products to work together, offer benefits to society. But standards typically involve patents. And the owner of a patent
Patentees can abuse standards to “hold up” an industry. And even if they promise to reasonably license their patents, these commitments have been evaded through “patent pools.” David Katz and I discuss.
30.04.2025 17:27 — 👍 2 🔁 1 💬 0 📌 0
The Missing Caselaw of Reverse-Payment Settlements
In 2013, the Supreme Court issued one of the most important antitrust rulings in the past generation. In <i>FTC v. Actavis</i>, the Court held that agreements b
Why is the law unclear on agreements by which brand firms pay generics to delay entry? Some say because of a 2013 Supreme Court decision. Based on a comprehensive review of the caselaw, Ed Bank and I highlight another reason: the settlement of antitrust challenges to these agreements before verdict.
29.04.2025 16:03 — 👍 2 🔁 0 💬 0 📌 0
Avanci's Admissions Cast Doubt on Pool's Procompetitive Effects
Patent pools have historically been viewed as procompetitive. And the latest pool receiving widespread attention, the Avanci pool, has gained support for this r
Collections of patents known as pools can offer benefits but also can harm competition. The Avanci pool covering the auto industry reflects the latter, with Brian Scarpelli, Priya Nair, and I explaining how the pool’s concessions in a UK hearing are at odds with what it has told the industry.
01.04.2025 02:27 — 👍 0 🔁 1 💬 0 📌 0
Trump nominee unites right and left with tough antitrust view
Oxford-educated Gail Slater’s concerns about market concentration have caused disquiet on Wall Street
“We’re not likely to see the foot being let off the gas completely”.
- #RutgersLaw Professor @mcarrier.bsky.social weighing in on what may be a continuation of previous enforcement by the President's pick to lead the Justice Department’s antitrust division: www.ft.com/content/7697...
#lawsky
11.03.2025 14:03 — 👍 0 🔁 2 💬 0 📌 0
PBMs: The Hidden Actor Behind Product Hopping
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The issue of high U.S. prescription drug prices has received significant attention. In recent congressional hearings, brand-name drug companies have blamed phar
Drug firms engage in “product hopping” by switching from one version to a similar one. PBMs list drugs on their formularies based on rebates. Victoria Field & I show a new type of harm from the combination of these two activities.
06.03.2025 16:13 — 👍 2 🔁 1 💬 0 📌 0
...Elizabeth Arthur, Doni Bloomfield, Gwendolyn J. Lindsay Cooley, Robin Feldman, Victoria Field, @marklemley.bsky.social, Arti Rai, @rachelsachs.bsky.social, @asarpatwari.bsky.social, and Sean Tu. Without harming innovation, there are many things we can do to lower high drug prices!
24.02.2025 23:39 — 👍 3 🔁 0 💬 0 📌 0
Thanks to my co-organizer and host Christopher Leslie for a great conference at UC Irvine School of Law bringing together scholars and enforcement officials to discuss pharmaceutical competition. And grateful for the fabulous contributions of...
24.02.2025 23:39 — 👍 8 🔁 2 💬 3 📌 0
Thomas Kauper Obituary (09/25/1935 - 02/09/2025) - Ann Arbor, MI - Ann Arbor News
View Thomas E. Kauper's obituary, send flowers and sign the guestbook.
Sad to hear about the loss of Tom Kauper, head of the Antitrust Division in the ‘70s (filing the case that led to the breakup of AT&T). His courses in antitrust changed my life and I’m glad I had the chance to share that with him.
13.02.2025 14:22 — 👍 2 🔁 0 💬 0 📌 0
An Antitrust Analysis of the NCAA Transfer Policy
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The National Collegiate Athletic Association ("NCAA") is no stranger to antitrust law. As a trade association composed of nearly all U.S. colle
NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...
15.01.2025 17:05 — 👍 1 🔁 1 💬 0 📌 1
Though the last-minute nature of the filing led to a 3-2 FTC vote, I explain how “right to repair” is not a partisan issue.
15.01.2025 19:50 — 👍 6 🔁 3 💬 0 📌 0
The Federal Circuit correctly upholds the district court decision requiring Teva to delist from the Orange Book patents that should never have been there; @mcarrier.bsky.social and I filed an amicus brief urging this result.
cafc.uscourts.gov/opinions-ord...
20.12.2024 16:46 — 👍 9 🔁 3 💬 1 📌 0
US healthcare deal advisers seek lighter supervision
Experts expect Trump regulators to be less hawkish on challenging proposed acquisitions in the sector
I explain that new antitrust enforcers will continue to bring pharmaceutical cases, but following more traditional antitrust theories.
12.12.2024 19:54 — 👍 1 🔁 0 💬 0 📌 0
Pharmaceutical Antitrust Enforcement in the Biden Administration
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<p></p>
<p>Pharmaceutical antitrust enforcement in the Biden administration has pushed the boundaries. Previously focused on conduct such as “reverse payment” s
My latest piece explains how the Biden administration has enforced antitrust law in the pharmaceutical industry, discussing FDA patent listings, merger enforcement, and pharmacy benefit managers (PBMs).
25.11.2024 19:19 — 👍 12 🔁 3 💬 2 📌 0
This would be unfortunate. As I've explained, this is an easy case: large anticompetitive effects and limited benefits. papers.ssrn.com/sol3/papers....
13.11.2024 02:47 — 👍 3 🔁 0 💬 1 📌 0
Assistant Professor of Law at St. Mary's University. Teaching Wills & Estates, Trusts, Property, Tax, and Asset Protection. Tracking concentrated power and its grip on democracy. Gentleman farmer. Part-time kangaroo handler. (All views are my own)
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Assistant Professor at Rutgers Law School. Interested in the digital economy, empirical legal studies, behavioral science, music, among other things.
President @TechFreedom.org | 🇺🇸🇩🇪🇪🇺 | Lawyer: tech, free speech, FTC, FCC, admin | “Resident Antagonist”—Politico | “To have doubted one's own principles is the mark of a civilized man” | 🇫🇷🏳️🌈📚🗽⛰️🥾🚣🎼 | doing PhD in 🇪🇺/🇺🇸 platform law @ Dublin City U
Associate Professor of Law, Lund University, Sweden. Law&tech, Intellectual property, Data, health law
if the apocalypse comes, beep me. Government lawyer by day, slayer by night.
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Public interest copyright & information policy lawyer & librarian. Anti-fascist, queer, tree-hugger. No gods, no masters. SF fannish wanna-be crafty catlady. Southern ex-pat in Western MA. Mom.
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Kirkland & Ellis Professor of Law, Harvard Law School. Aligning Election Law: https://global.oup.com/academic/product/aligning-election-law-9780197662151.
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Economist at Carnegie Mellon focusing on organizations and incentives, markets, competition, and antitrust, and health care. Formerly at the Antitrust Division, DOJ and at the FTC. Daf Yomi learner. Antitrust, Economics, Talmud puns.
Associate dean for academic affairs and Associate professor at Chicago-Kent College of Law (Illinois Tech). I study financial markets regulation & law of capitalism. But this ≠ IIT. DSA Fund board 🌹🤝, Rstats, NLP, Phish dad, etc. Semper ubi sub ubi.
IP prof at Chicago-Kent. Teaching copyright, property, and IP + cultural property law seminar.
Philadelphia-based 91st Most Powerful Lawyer in Pennsylvania (City and State PA, 2023) specializing in political law. Opinions are mine alone.
Professor: law & technology, queer theory, pleasure activism
