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Deactivating Actavis: The Clash Between The Supreme Court And (Some) Lower Courts, Joshua Davis, Ryan Mcewan
Deactivating Actavis: The Clash Between The Supreme Court And (Some) Lower Courts, Joshua Davis, Ryan Mcewan
Joshua P. Davis
Numerous trial courts have misinterpreted the Supreme Court’s recent decision in FTC v. Actavis, Inc. An interesting question is why they have done so. Perhaps lower courts disagree with the Supreme Court about so-called “reverse payment” cases, the subject of the Actavis opinion. Or perhaps they simply have made random mistakes, as is perhaps inevitable, particularly in a challenging area of the law like antitrust. This Article suggests an alternative account: that lower courts are seeking clear guidance from Actavis, clear guidance that the Supreme Court has not tended to provide in antitrust cases in general and that it did …
Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph Bauer, Matthew Bender
Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph Bauer, Matthew Bender
Joseph P. Bauer
This master treatise provides a comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law. The brevity and generality of the language of relevant acts, combined with the ever-increasing volume of antitrust litigation and varying philosophies of enforcement and interpretation by courts and agencies, makes Federal Antitrust Law indispensable to corporate counsel, government attorneys, and private practitioners specializing in antitrust law. Three volumes focus exclusively on nearly 75 years of Federal Trade Commission work, a subject neglected in other antitrust works. Includes thorough examinations of the FTC Act; …