Pity the Rule of Reason. The framework employed in the majority of antitrust cases is frequently discussed but continually misunderstood. It is associated with balancing, but its burden-shifting framework almost never reaches that stage. It is called indeterminate, but its analysis is not. And now--thanks to the Ninth Circuit, with an assist from the Supreme Court--it is kneecapped, with balancing extricated from its framework.Courts employ the rule of reason to assess a restraint's effects on competition. Commentators have recently debated the predictability and appropriate structure of the analysis. But as these nuances have been fleshed out in the literature, courts appear to have lost sight of first principles--the jurisprudence, purpose, and analytical basis of the rule of reason. This oversight was most recently illustrated by the Ninth Circuit in NCAA v. O'Bannon and the Supreme Court in Ohio v. American Express. These detours threaten potential consequences of reduced clarity, unreasonable burdens on plaintiffs, and outcomes that lack the critical weighing of competitive effects at the heart of the rule of reason.The rule of reason has four steps, not three. This article confirms this basic, but important, point. Faithful application of the fourth step in a disciplined manner is consistent with antitrust history and necessary to effectuate the principles underlying standard antitrust analysis. It does not make sense to ask courts to assess a restraint's effects on competition while taking away the option of balancing anticompetitive and procompetitive effects.

This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition law, and public health in pharmaceutical markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anti-competitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debates. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, significant cases, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.

This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.

The hands-on guide to antitrust issues that todayand’s courts confront most often, with guidance on developing litigation strategy, counseling clients on compliance, representing clients before regulators, and advising on mergers and acquisitions; confidently advise clients on Sherman Act compliance, Hart Scott Rodino, distribution and pricing issues, and complex commercial litigation. By Herbert Hovenkamp and Phillip E. Areeda. Now published in a single-volume with an annual update, Fundamentals of Antitrust Law, Fourth Edition provides sophisticated coverage of the topics most cited or litigated in the field. Whether you are developing litigation strategy, counseling clients on compliance, representing clients before regulators, or advising on mergers and acquisitions, Fundamentals of Antitrust Law, Fourth Edition has all the information you need, at your fingertips. Turn to this invaluable volume when: Advising clients on specific aspects to comply with the Sherman Act Developing litigation strategies Representing clients before regulators Advising clients on mergers and acquisitions Advising clients on Hart Scott Rodino Handling complex commercial litigation Handling distribution and pricing issues for clients And more Organized by issue, Fundamentals of Antitrust Law, Fourth Edition covers the full range of anticompetitive conduct, as well as procedural issues. It is keyed to the leading Areeda and& Hovenkamp treatise, Antitrust Law: An Analysis of Antitrust Principles and Their Application and includes extensive cross references, organization that follows the main work, and a thorough index that allow you to get to the information you need quickly and easily.

This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.

An urgent and witty manifesto, Monopolies Suck “lucidly explains how monopolies threaten democracy, worsen inequality, and imperil the American Dream—and why it’s more important than ever to take action” (David Cicilline). Something’s not right. No matter how hard you work, life seems to only get harder. When your expenses keep going up but your income stays flat, when you’re price-gouged buying medicine for your child’s life-threatening allergy, when you live in a hyped-up state of fear and anxiety, monopoly power is playing a key role. In Monopolies Suck, antitrust expert and director at the Open Markets Institute, Sally Hubbard, shows us the seven ways big corporations rule our lives—and what must be done to stop them. Throughout history, monopolists who controlled entire industries like railroads and oil were aptly called “robber barons” because they extracted wealth from everyone else—and today’s monopolies are no different. By charging high prices, skirting taxes, and reducing our pay and economic opportunities, they are not only stealing our money, but also robbing us of innovation and choice, as market dominance prevents new companies from challenging them. They’re robbing us of the ability to take care of our sick, a healthy food supply, and a habitable planet by using business practices that deplete rather than generate. They’re a threat to our private lives, fair elections, a robust press, and ultimately, the American Dream that so many of us are striving for. In this “accessible guide” (Zephyr Teachout, author of Break ‘Em Up), Sally Hubbard gives us an easy-to-understand overview of the history of monopolies and antitrust law, and urges us to use our voices, votes, and wallets to protest monopoly power. Emboldened by the previous century when we successfully broke up monopoly power in the US, we have the tools to dismantle corporate power again today—before their lobbying threatens to undermine our economy and democracy for generations to come.

Regarded as the citable treatise in the field, "Legal Medicine" explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. This updated edition features comprehensive discussions on a myriad of legal issues that health care professionals face every day. It includes 20 brand-new chapters that address the hottest topics in the field today and also serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).