July 2013 CPI Blog o’ Blogs

July 2013, Volume 3, Number 7
Really active this month – Court decisions on reverse payments and eBooks, U.K.’s competition redesign, Becker & Posner on patent trolls, the destruction of Microsoft’s monopoly, municipalities’ lack of antitrust immunity, and a question: Are sports anti-doping rules an antitrust violation?
Reverse Payments

Opinion Recap: “Pay to Delay” in Deep Trouble
Although the new style of antitrust lawsuit that the decision will permit was not free from ambiguity, the majority opinion written by Justice Stephen G. Breyer made two things very clear.
Lyle Denniston (SCOTUSblog)

Not Going to Wait Anymore
The clear issue is that our patent system is spitting out patents that the courts don’t think should be issued.
Adam Miller (Upward Pricing Pressure)
Reverse Payments in EU and US Antitrust Law
Interestingly, the FTC wasn’t able to give a satisfactory answer to a very pertinent question asked by Justice Sotomayor at the hearing: “Why is the rule of reason so bad?”)
Alfonso Lamadrid (Chillin’ Competition)
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?
It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out. Dollars-to-donuts.
Christopher Sagers (Antitrust Connect Blog)


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