Carl Shapiro and Aaron Edlin, along with Scott Hemphill and Herbert Hovenkamp, wrote an article about FTC v. Actavis, Inc. which appeared in the fall 2013 issue of Antitrust. The article identifies the essential features of the Supreme Court’s analysis and describes the elements of a plaintiff’s affirmative case, justifications that are ruled out by the Court’s logic, and a test for viable justifications. To read the article, click the link below.
The data-sharing paradox: Unintended consequences of mandated data-sharing policies
In response, recent EU measures such as the Digital Markets Act (DMA) and the Data Act aim to level the playing field between platforms and their users by...