When Does Sharing Make Sense?: Antitrust & Risk Evaluation and Mitigation Strategies

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Jan Rybnicek, Apr 29, 2014

There exists a new front in the battle to define the precise circumstances under which a monopolist’s refusal to deal with a rival constitutes exclusionary conduct that violates Section 2 of the Sherman Act. The latest clash arises in the context of a brand-name drug manufacturer’s decision not to sell samples of a patented drug that is subject to certain government-mandated restricted distri