"The fast-changing nature of these markets — which is especially the case given recent improvements in artificial intelligence — raises hurdles...” #RutgersLaw Prof. @mcarrier.bsky.social#RutgersLawsays the government has been facing an “uphill climb” with breaking up Big Tech: https://bit.ly/49hzVVS #lawsky

What will happen with Netflix’s proposed acquisition of Warner Bros.? I discuss the antitrust possibilities…

The US solicitor general urged SCOTUS to review ‘skinny labeling’ and generic drug access. #RutgersLaw Prof. @mcarrier.bsky.social explains why a second consecutive decision not to review the issue “will discourage generics from pursuing this path": www.statnews.com/pharmalot/20... #lawsky

@mcarrier.bsky.social and @derekslater.bsky.social explain how copyright's competition-promoting tools can be used to combat Big Tech's monopoly power and foster a robust AI marketplace. www.lawfaremedia.org/article/worr...

Honored to win the Antitrust Task Force Chair's Writing Award for my article with Victoria Field, PBMs: The Hidden Actor Behind Product Hopping.

Every time the #NCAA gets a new bad legal idea, there’s a law review article waiting on the topic. As the NCAA is again discussing restraining athlete transfers, @mcarrier.bsky.social and I already have an article expressing why the restraints violate antitrust law: papers.ssrn.com/sol3/papers....

In a piece just published in the Notre Dame Law Review, @marklemley.bsky.social & I argue that courts are confused about how to apply the rule of reason and explain the importance of a four-step test that includes balancing of costs and benefits. papers.ssrn.com/sol3/papers....

Honored to receive the “Outstanding Sports and Entertainment Law Paper” from the Academy of Legal Studies in Business for the paper Marc Edelman and I wrote: “Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA’s Problem.” papers.ssrn.com/sol3/papers....

▶️ #RutgersLaw Professor @mcarrier.bsky.social spoke in a recent Dept. of Justice/Federal Trade Commission listening session on "Lowering Americans Drug Prices Through Competition." In this video, he gives background on cases of 'product hopping.' : www.justice.gov/opa/video/do... #lawsky

Rutgers Law Professor @mcarrier.bsky.social comments on an article by William Feldman which discusses various anticompetitive behavior including "patent thickets" and "product hopping": pmc.ncbi.nlm.nih.gov/articles/PMC... #lawsky

Can we get a big Texas yeehaw?! The Lone Star State just signed the seventh state Right to Repair law for electronics. It’s also the first electronics repair law to pass in a state led by a Republican, but we’re only surprised it took this long.

For @axios.com health care roundtable, I discuss bipartisan legislation that would lower drug prices. www.axios.com/2025/06/17/a...

Court denies Deere's motion with colorful language. I've discussed concerns with abuse of consumers' right to repair...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736

Court denies Deere's motion with colorful language. I've discussed concerns with the abuse of the "right to repair"...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736

#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇 #lawsky

The NCAA settlement is big news but, as @profmarcedelman.bsky.social & I explain, doesn’t provide antitrust immunity. Why? Because unlike professional sports leagues, no union = no antitrust exemption.

Patentees can abuse standards to “hold up” an industry. And even if they promise to reasonably license their patents, these commitments have been evaded through “patent pools.” David Katz and I discuss.

Why is the law unclear on agreements by which brand firms pay generics to delay entry? Some say because of a 2013 Supreme Court decision. Based on a comprehensive review of the caselaw, Ed Bank and I highlight another reason: the settlement of antitrust challenges to these agreements before verdict.

As the court decides whether to approve the college-athlete settlement in House v. NCAA, the settlement’s salary cap will not be immune from future antitrust lawsuits. Marc Edelman & I explain...

Collections of patents known as pools can offer benefits but also can harm competition. The Avanci pool covering the auto industry reflects the latter, with Brian Scarpelli, Priya Nair, and I explaining how the pool’s concessions in a UK hearing are at odds with what it has told the industry.

“We’re not likely to see the foot being let off the gas completely”. - #RutgersLaw Professor @mcarrier.bsky.social weighing in on what may be a continuation of previous enforcement by the President's pick to lead the Justice Department’s antitrust division: www.ft.com/content/7697... #lawsky

Drug firms engage in “product hopping” by switching from one version to a similar one. PBMs list drugs on their formularies based on rebates. Victoria Field & I show a new type of harm from the combination of these two activities.

Thanks to my co-organizer and host Christopher Leslie for a great conference at UC Irvine School of Law bringing together scholars and enforcement officials to discuss pharmaceutical competition. And grateful for the fabulous contributions of...

Sad to hear about the loss of Tom Kauper, head of the Antitrust Division in the ‘70s (filing the case that led to the breakup of AT&T). His courses in antitrust changed my life and I’m glad I had the chance to share that with him.

#RutgersLaw Prof. @mcarrier.bsky.social explains to ESPN why the $2.8B antitrust NCAA settlement is good for current student-athletes but might not be ideal for future student-athletes who challenge restraints: www.espn.com/college-spor...

NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...

For a more comprehensive look at Deere’s anticompetitive actions and lack of justifications...

Though the last-minute nature of the filing led to a 3-2 FTC vote, I explain how “right to repair” is not a partisan issue.

Thanks to @blueark.app, I imported a decade of posts from Twitter. My #1 topic for 2024: why Live Nation/Ticketmaster is a walking antitrust violation (papers.ssrn.com/sol3/papers....) and why the DOJ/state lawsuit is so strong.

The Federal Circuit correctly upholds the district court decision requiring Teva to delist from the Orange Book patents that should never have been there; @mcarrier.bsky.social and I filed an amicus brief urging this result. cafc.uscourts.gov/opinions-ord...

I explain that new antitrust enforcers will continue to bring pharmaceutical cases, but following more traditional antitrust theories.

My latest piece explains how the Biden administration has enforced antitrust law in the pharmaceutical industry, discussing FDA patent listings, merger enforcement, and pharmacy benefit managers (PBMs).

This would be unfortunate. As I've explained, this is an easy case: large anticompetitive effects and limited benefits. papers.ssrn.com/sol3/papers....

Excited to announce a new IP Certificate program at @RutgersLaw! https://go.rutgers.edu/NewIPPrograms

Some have blamed the Supreme Court for a lack of clarity in the law of “pay-for-delay” agreements. After reviewing all of these cases in the past decade, Ed Bank & I explain how the law hasn’t fully developed because the vast majority of the cases settle....

The government’s lawsuit against Live Nation-Ticketmaster is strong. I explain: https://www.promarket.org/2024/07/02/four-strengths-of-the-governments-lawsuit-against-live-nation-ticketmaster/

Glad to see NCAA will stop enforcing transfer rules. @MarcEdelman and I explained why they violate antitrust law: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4636414

Excited to see strong DOJ suit against Live Nation. Here’s how it could help fans. https://www.usatoday.com/story/money/2024/05/23/live-nation-ticketmaster-antitrust-lawsuit-doj/73819085007/

With a DOJ lawsuit against Live Nation/Ticketmaster coming any day, here’s the published version of my article explaining why the company is a walking antitrust violation. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4657361

Pleased to see that DOJ is planning to sue Ticketmaster-Live Nation. Here’s my 4-minute overview of why the company violates antitrust law and should be broken up. https://omny.fm/shows/wcbsam-on-demand/drive-time-is-the-doj-thinking-of-suing-ticketmast

Thanks to the 69 professors who signed onto my brief in the Maryland district court explaining why a brand drug firm’s refusal to share a sample a generic needs to enter the market could violate antitrust law. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4784604

Some say pharma patent thickets not concerning b/c high tech thickets even bigger. Relying on industry characteristics & empirical evidence on continuation patents, @SeanTu2 & I explain argument wrong and pharma thickets designed to be anticompetitive....

Honored to have 2 articles nominated for antitrust article of year. The first, w/Gwendolyn Lindsay Cooley, explains why prior bad acts should be considered in merger review. The second explains the challenges of “FRAND” (reasonable licensing) in the standards context.

Time’s Person of Year @taylorswift13 very impressive but not have own ticketing company. 2022 tour reminded us of Ticketmaster ticketing disaster. I explain why Live Nation Entertainment is a walking antitrust violation and needs to be broken up....

We sometimes hear that innovation is reflected solely by the initial invention. And that any weakening of patents or application of antitrust will harm innovation. I explain how these arguments do not capture the multi-generational nature of...

Great hearing on #RightToRepair. In response to the claim that right to repair harms IP/innovation incentives, I explain how justifications based on copyrights, design patents, trademarks, and trade secrets are not persuasive. http://bit.ly/3Q2kCbr

Manufacturers are making it impossible for users to repair their iPhones, wheelchairs, and tractors. In this article, I offer a framework for @FTC to challenge this. http://bit.ly/3pjjbuy 1/2

To prevent patent owners from abusing power, many standards organizations have required them to license patents on fair, reasonable, and nondiscriminatory (FRAND) terms. I outline eight reasons why FRAND determinations are hard. https://bit.ly/42DwRhl

One aspect of American Airlines / JetBlue ruling that hasn’t received much attention is return of final step of Rule-of-Reason analysis. One of my pet peeves has been how Amex & O’Bannon removed this stage without recognizing it - https://bit.ly/2UVhu0M. Welcome back, balancing!

Disappointing Supreme Court cert. denial in Teva v. GSK. Federal Circuit found that generic’s label could provide basis for induced infringement, which makes it less likely that generic firms will use "skinny labels" to enter the market with more affordable drugs.