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ISBN 13 :
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Download or read book Brief for the American Antitrust Institute in Support of Petitioner written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 16 pages
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Download or read book Brief for the American Antitrust Institute As Amicus Curiae in Support of Petition for Rehearing and Rehearing En Banc written by Michael A. Carrier and published by . This book was released on 2016 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mylan v. Warner Chilcott, a Third Circuit panel offered a highly questionable decision on “product hopping,” by which a pharmaceutical company switches from one version of a drug to another.Mylan offered a simple and compelling anticompetitive story: (1) defendants were the exclusive sellers of an unpatented branded drug; (2) when generics appeared on the horizon, they introduced a minor modification of the drug and removed the older version from the market to delay generic entry (and did this several times); (3) when generic entry finally occurred against a version of the drug that defendants could not hop away from, prices fell sharply; and (4) had the product hops not occurred, Mylan (and other generics) would have entered much sooner, prices would have fallen much sooner, and consumers (and third-party payors) would have obtained the benefits of the lower prices.Despite this significant evidence of anticompetitive conduct, the court granted summary judgment for defendants, issuing erroneous rulings on monopoly power and (in dicta) exclusionary conduct. The panel misapplied standard monopoly-power law, misconstrued Third Circuit law in requiring complete foreclosure rather than foreclosure from the most cost-effective means of distribution; failed to pay sufficient attention to the regulatory regime; and offered a decision that conflicted with the other appellate decision on product hopping, the 2nd Circuit's “Namenda” decision.This brief seeks a rehearing en banc in the Third Circuit or, at a minimum, the panel's withdrawal of the exclusionary-conduct section of the opinion.
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Download or read book Brief for the American Antitrust Institute as Amicus Curiae in Support of Petitioners written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael A. Carrier
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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Brief Amici Curiae of 118 Law, Economics, and Business Professors and the American Antitrust Institute in Support of Petitioners written by Michael A. Carrier and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Supreme Court amicus brief, filed in Federal Trade Commission v. Watson, explains why exclusion-payment settlements, by which brand-name drug companies pay generic firms to delay entering the market, contravene the policies of patent law, antitrust law, and the Hatch-Waxman Act. It addresses five points. First, the settlements are not consistent with the Hatch-Waxman Act, Congress's framework for balancing patent and antitrust law in the pharmaceutical industry, which encouraged generics to challenge patents. Second, the settlements are anticompetitive, serving as a form of market division, which is the practical result when brands pay generics to drop challenges to weak patents and delay entering the market instead. Third, the mere fact of a patent cannot justify the payments. The Patent Office frequently issues invalid patents, and the patents at the heart of these settlements present concern, often covering not the drug's active ingredient but narrower aspects like the formulation or method of use that are less innovative and bear more potential for anticompetitive mischief. Patent policy encourages challenges to weak patents, and the procedural presumption of validity does not justify the settlements. Fourth, exclusion payments are not needed to settle cases in the public interest; history has shown that brands and generics can reach settlements without them. Fifth, the most appropriate antitrust framework employs a “quick look” rule-of-reason analysis that treats exclusion payments as presumptively unlawful. Such a framework recognizes the potentially severe anticompetitive effects of exclusion-payment settlements while permitting the settling parties to introduce possible procompetitive justifications, if any, for their agreement.
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Total Pages : 0 pages
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Download or read book Brief for the American Antitrust Institute, National Farmers Union, Food and Water Watch, Organization for Competitive Markets, and National Family Farm Coalition in Support of Petitioner written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Joshua P. Davis
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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Brief of the American Antitrust Institute and the American Independent Business Alliance as Amicus Curiae in Support of Respondents, Comcast Corp. V. Behrend, Supreme Court of the United States written by Joshua P. Davis and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Comcast Corp. v. Behrend, the United States Supreme Court will decide at least one of two issues regarding class certification: (1) whether plaintiffs seeking to certify a class must provide evidence that is admissible, including only expert evidence that can survive a Daubert challenge; and (2) whether plaintiffs must show that a case is susceptible to awarding damages on a class-wide basis for a court to certify a class under Rule 23(b)(3). The first issue is about how plaintiffs must make their showing -- using admissible evidence? -- and the latter about what showing plaintiffs must make. This amicus brief filed on behalf of the American Antitrust Institute and the American Independent Business Alliance attempts to guide the Supreme Court so that it does not inadvertently disrupt settled doctrine about the second issue: what showing plaintiffs must make to have a court certify a class.
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Download or read book Brief of the American Antitrust Institute in Support of Respondent written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book Brief for American Antitrust Institute in Support of Respondents written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arkansas Carpenters Health and Welfare Fund, Paper, A.F. of L., Et Al., Petitioners V. Bayer AG and Bayer Corp., Et Al., Respondents written by and published by . This book was released on 2005 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question presented is whether an agreement by a patent owner to pay a potential competitor not to enter the market is illegal per se, as the Sixth Circuit has held, is legal per se, as the Second and Federal Circuits have held, or should be judged under the antitrust rule of reason, as the Eleventh Circuit has held.
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 47 pages
Book Rating : 4.:/5 (826 download)
Download or read book Federal Trade Commission, Petitioner V. Watson Pharmaceuticals, Inc., Et Al., Respondents written by Michael A. Carrier and published by . This book was released on 2013 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book Brief for the American Antitrust Institute and the American Independent Business Alliance in Support of Respondents written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 41 pages
Book Rating : 4.:/5 (13 download)
Download or read book Brief Amici Curiae of 53 Law, Economics, and Business Professors, the American Antitrust Institute, and Consumers Union in Support of Appellants written by Michael A. Carrier and published by . This book was released on 2014 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have "significant anticompetitive effects" and violate the antitrust laws. In a narrow, formalistic ruling, the court in In re Lamictal held that such payments were limited to cash. On behalf of 53 professors, the American Antitrust Institute, and Consumers Union, this Third Circuit amicus brief urges reversal.Exclusion payments today take myriad forms, with roughly half taking the form of “no-authorized-generic” agreements by which a brand agrees not to launch an authorized generic during the generic's 180-day exclusivity period. Because the launch of an authorized generic dramatically reduces the generic's profits, a brand's promise not to introduce one provides substantial value to the generic.No-authorized-generic agreements, which a brand enters into in exchange for a generic's agreement to delay entry into the brand's market, are simply a variation on a type of unlawful market-allocation agreement with which courts have long been familiar. The two parties make reciprocal agreements not to compete in the other's allocated portion of the market: the brand agrees not to launch an authorized generic that would compete against the generic, and the generic agrees to delay launching its product that would compete against the brand. In holding that only cash payments are subject to antitrust scrutiny under Actavis, the Lamictal court created a loophole large enough to accommodate an entire industry's worth of supracompetitive profits and missed dosages. Nor would scrutiny of agreements like the one in this case, which provides the generic with a type of consideration it could never have obtained by winning a patent case, have any effect on legitimate settlements that fall within the boundaries of patent litigation.Finally, the district court's analysis purported to apply Actavis but was closer to defying it in (1) using factors the Supreme Court invoked to require heightened scrutiny to instead justify reduced scrutiny; (2) misunderstanding the valuable no-authorized-generic period; (3) deeming procompetitive the elimination of risk that Actavis held is anticompetitive; and (4) divining, on its mere say-so, an absence of harmful “intent.”
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Download or read book Brief for the Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc. in Support of Petitioner written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book Brief Amicus Curiae of American Antitrust Institute written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Amalia Athanasiadou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501146
Total Pages : 520 pages
Book Rating : 4.4/5 (35 download)
Download or read book Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law written by Amalia Athanasiadou and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Author : Keith N. Hylton
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805288
Total Pages : 311 pages
Book Rating : 4.8/5 (498 download)
Download or read book Antitrust Law and Economics written by Keith N. Hylton and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
