This short article summarizes FTC v. Actavis, the first case in which the Supreme Court analyzed the antitrust legality of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market. It concludes that the ruling must be counted as a win...

Since the Supreme Court's decision in FTC v. Actavis, the question that has received the most attention is whether “payment” is limited to cash or encompasses non-cash forms of consideration. The courts, including the Third Circuit in the “King Drug” case, have consistently held that...

Justice John Paul Stevens last antitrust opinion, American Needle Inc. v. NFL, is important for its clarification of Sherman Act conspiracy doctrine. By recognizing that the conduct of joint ventures or partially integrated firms can still constitute a conspiracy, the decision preserves the...

An unsympathetic Supreme Court threatens U.S. antitrust reform. This paper illustrates the problem by focusing on the holdings and dicta of two 21st century Supreme Court decisions, Verizon v. Trinko and Ohio v. American Express (Amex). In interpreting these decisions, some read Trinko to...

The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU. In its infringement decision the Croatian NCA specified that the presence at the meeting with competitors and...

In American Needle v. National Football League, a sports clothing manufacturer (American Needle) sued the National Football League (NFL) alleging that an exclusive agreement between the NFL and Reebok to manufacturer caps with team logos constituted a concerted refusal to deal among the teams in...

Exclusive dealing is the last vestige of the pre-economic era of antitrust. And it shows. The Supreme Court's decision in GTE Sylvania nearly 40 years ago was the turning point for the evolution of modern antitrust law in the United States because it made clear “that the analysis of economic...

This article examines the Supreme Court's 1977 decision in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977) through the now public papers of Justices Blackmun, Brennan, Marshall and Powell. These papers illuminate all phases of consideration of the case, from the treatment of the petition for...

In 1981, while in the FTC's Bureau of Consumer Protection, two of the authors were instrumental in initiating the FTC's fraud program, relying on Section 13(b)'s authority to obtain a permanent injunction to seek equitable relief, including asset freezes and consumer redress. The fraud program...

FTC v. Actavis was one of the most important antitrust cases of the modern era. In one fell swoop, the Supreme Court ensconced antitrust's role in analyzing settlements by which brand firms pay generics to delay entering the market. The Court underscored the harms presented by large and...