In an age of divisive politics, there has been a surprising amount of consensus on containing the cost of healthcare and ensuring adequate access to it. The Affordable Care Act's name itself indicates the aspirations of a president who campaigned for its passage through Congress. While his...

This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an...

The questions in FTC v. Qualcomm are consequential in setting competitive norms in an economy anxious about the exercise of market power. Like many other antitrust cases, this one shows symptoms of antitrust law’s inherent vulnerability to ideology stampeding facts and data. Seen as an...

Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way that Amazon disrupted e-commerce through its inventory and sales...

Professor Herbert Hovenkamp’s impact on intellectual property (IP) law is significant. His writings reveal a deep and intuitive grasp of innovation and its mechanisms. This paper gleans Professor Hovenkamp’s key insights about the IP and antitrust interface. It examines the rules of...

This paper argues that antitrust law supplements endogenous means with intellectual property law in maintaining the 'access-incentive' balance in databases. It starts from the premise that a trend toward 'TRIPs-plus' rights in databases, whatever its form, is inevitable. The reason is a simple,...