The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent is actually valid and infringed, and...

Against the backdrop of the rise of the tech giants, e.g. Amazon, Apple, Google, Facebook, modern competition law is currently being challenged within (neo-Brandeis or hipster antitrust) and outside (new platform-specific legislation) the area of the law. Right or wrong, such challenges that are...

Antitrust has been doubly disempowered: we can no longer effectively regulate corporate power and many forms of corporate power are now irrelevant to antitrust analysis. Drawing on the interconnected histories of antitrust and corporate law, this article makes the case for empowering corporate...

The main contents of this paper were presented at the 17th ASCOLA Annual Conference held in Porto, Portugal from June 30 to July 2, 2022. Slides are available at https://bit.ly/3JKdgUPDespite recent changes in legislative trends and enforcement practices to favor more regulatory and...

Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...

Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...

Since Citizens United, the amount of spending on political campaigns has increased, and to a lesser extent, so has corporate spending on political advertisements. However, the increase in corporate spending on elections fails to indicate whether corporate political spending corrupts the...

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

At the heart of the legal battle between Epic Games and Apple is a set of restrictions Apple imposes on app developers. For instance, Apple prohibits the distribution of iOS apps outside of the App Store, which Apple fully controls. Apple similarly requires developers to exclusively use its own...