Last June, the U.S. Supreme Court finally tackled Reverse Payments. In Actavis, they leaned away from many lower court decisions and acknowledged that reverse payments (or “pay for delay”) can…

In our Autumn 2013 Journal, we present a Symposium on Antitrust and Intellectual Property, explore Current Cases in Anglo/Lafarge and feature this edition’s Classic, Appropriating the Returns from INdustrial Research…

Kevin Noonan, Sep 30, 2013 In June, the Supreme Court ruled 5-3 in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority (that included…

James Langenfeld, Sep 30, 2013 Patent settlement agreements that involve payments from brand-name drug manufacturers to generic drug manufacturers (so called “reverse payments” or “pay for delay”) have been hotly…

John Bigelow, Sep 30, 2013 Thirteen years ago-in 2000-the Federal Trade Commission (“FTC”) and private plaintiffs began fighting certain kinds of settlements that sometimes arise in litigation over patents for…

Dec 20, 2013 To have the incentive to undertake research and development, a firm must be able to appropriate returns sufficient to make the investment worthwhile. The benefits consumers derive…

David Evans, Dec 20, 2013 There are several areas of economics where we know much more today than we did 50 years ago as a result of the accumulation of…

Julie Bon, Pietro Crocioni, Francesca Sala, Dec 20, 2013 This article explores the UK Competition Commission’s Anglo/Lafarge merger decision (2012) focusing on the reasoning for a finding of coordinated effects…

Fiona Scott Morton, Dec 20, 2013 This article lays out the economics of competition between branded and generic pharmaceuticals and its welfare consequences. I explain the logic behind so-called “pay-for-delay”…

Pierre Regibeau, Dec 20, 2013 Antitrust concerns about “pay-for-delay” patent settlements are based on two theories of harms, one that stresses the need for courts to review the validity of…

Kai-Uwe Kuhn, Dec 20, 2013 The economic justification for any regulatory intervention in patent litigation, especially those for standard essential patents, comes from the view that hold-up of users of…

Eliana Garces, Dec 20, 2013 The recent antitrust interventions against patent holders issuing injunctions to assert standard essential patents have caused a stir and a debate on the role of…