Competition and Dynamics in Market Structure in Corn and Soybean Seed

Bruce Dahl, William Wilson, Apr 29, 2010 There has been a sharp increase in planting of genetically modified (“GM”) crops in the past decade and further expansion is expected in the United States as well as other countries, as well as in new crops. Firms in this industry have substantial economies of scale due to […]

The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP

This article is part of a Chronicle. See more from this Chronicle Charlene Jones, Aidan Synnott, Nov 25, 2009 In October 2009, the United States Court of Appeals for the Second Circuit became the first appeals court to decide that direct purchasers have standing to assert Walker Process claims. In so holding, the court did […]

Review of Reverse-Payment Agreements: The Agencies, the Courts, Congress, and the European Commission

Elai Katz, William Rooney, Nov 01, 2009 Two bills seeking to ban reverse-payment agreements are currently pending in Congress, and the European Commission has declared that such agreements, depending on the circumstances, may violate European competition laws. Meanwhile, several U.S. Courts of Appeals have upheld reverse-payment settlements as lawful if the restrictions in the settlement […]

Why the Supreme Court Was Correct to Deny Certiorari in FTC v. Rambus

This article is part of a Chronicle. See more from this Chronicle Joshua Wright, Mar 26, 2009 In November 2008, the Federal Trade Commission petitioned the Supreme Court to review the D.C. Circuit’s decision in FTC v. Rambus. That decision reversed the Commission’s finding that Rambus, a memory chip developer, knowingly failed to disclose a […]

The Intersection of Antitrust, Patents, and FDA Law: The TriCor Litigation

This article is part of a Chronicle. See more from this Chronicle Richard Epstein, Mar 26, 2009 The purpose of this brief essay is to address the interconnections among three important areas of law: antitrust, patents, and FDA regulation. Each of these presents formidable difficulties in its own right. The integration of any two areas […]

The EC Sector Inquiry Into Pharmaceuticals: Quo Vadis, Commission?

This article is part of a Chronicle. See more from this Chronicle Luc Gyselen, Feb 26, 2009 This article will focus on the Commission’s antitrust enforcement agenda and examine two questions. First, why does the Report in spite of repeated disclaimers that it does not contain any finding of wrongdoing create the impression that the […]

DG Competition’s Preliminary Report on the Pharma Sector Inquiry: A Need for Clear Signals at the IP/Competition Intersection

This article is part of a Chronicle. See more from this Chronicle David Hull, Feb 25, 2009 Much of the discussion at the time of the Report’s release and since has revolved around the European regime governing the recognition and enforcement of patents. Intellectual property experts are troubled by inaccuracies in the Report as well […]

The Undetected Elephant in the Room: An Analysis of DG Competition’s Preliminary Report on the Pharmaceutical Sector Inquiry

This article is part of a Chronicle. See more from this Chronicle Anthony Dawes, James Killick, Feb 24, 2009 On November 28, 2008, DG Competition’s (“DG COMP”) published its Preliminary Report (“the Report”) on the pharmaceutical sector inquiry. The Report claims that Research & Development (“R&D”)-based pharmaceutical companies (“originator companies” ) have recourse to a […]

EC’s Preliminary Pharmaceutical Sector Report: An Aggressive Review of Industry Conduct

This article is part of a Chronicle. See more from this Chronicle Susan Creighton, Seth Silber, Feb 24, 2009 This commentary explores the potential impact of the [Pharmaceutical] Report in Europe, and evaluates whether the EC’s posture regarding pharmaceutical conduct identified in the Report may ultimately go beyond FTC enforcement regarding that conduct. In doing […]

The Interplay of Patenting Strategies and Competition Law in the Pharmaceutical Sector Inquiry

This article is part of a Chronicle. See more from this Chronicle Kristina Nordlander, Stephen Spinks, Feb 24, 2009 In the presentation of its Preliminary Report on the pharmaceutical sector inquiry, the European Commission attempted to perform a delicate balancing of competition and International Property (“IP”) law. While the Commission went out of its way […]