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Full-Text Articles in Law
The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy
The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy
San Diego Law Review
Health care landscape has changed with the introduction of the ACA and will keep changing due to the proposed repeal. The only constant is the desire of health plans and providers to maximize profits and minimize costs, which is attainable through consolidation. This Comment advocates a revision of the existing antitrust guidelines that would (1) recognize unique nature of health care market, (2) be independent from the current or proposed legislation to the maximum possible extent, and (3) reflect the insurer-provider duality, which heavily influences the quality and accessibility of the healthcare for the consumer.
Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements, Saami Zain
San Diego Law Review
In Federal Trade Commission v. Actavis, the United States Supreme Court held that a patent litigation settlement where a branded drug company pays a generic drug company to end the litigation and delay launching its generic may violate the antitrust laws. Although the decision ended years of controversy over whether such settlements were subject to antitrust scrutiny, many issues remain unresolved concerning the lawfulness of these settlements. In particular, courts have struggled in assessing the legality of patent settlements between branded and generic drug manufacturers involving non-cash compensation or benefits. This article discusses one type of non-cash compensation that is …
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
San Diego Law Review
Although critics say hospitals justify mergers in the same way as they did during the M&A boom of the 1990s, these critics frequently link the current wave of mergers with the purpose of becoming more integrated and efficient to achieve the level of cost savings and improved quality that the United States and patients currently require. However, the results from hospital consolidation remain uncertain because of the limited and mixed evidence about its impact on quality of care and price. Part I of this Article discusses the recent surge in hospital M&A activity. Part II brings some clarity by discussing …
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
San Diego Law Review
For a century-and-a-half, the Supreme Court has described perceived abuses of patents as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, was applied to both government and private activity and came to have many different meanings. Sometimes it was used offensively to conclude that certain patent uses were unlawful because they extended beyond the scope of the patent. Later it came to be used defensively as well, to characterize activities as lawful if they did not extend beyond the patent's scope. In the first half of the …
Antitrust As Regulation, Alan Devlin
Antitrust As Regulation, Alan Devlin
San Diego Law Review
Antitrust, properly understood, plays a modest role in constraining commercial behavior. With respect to unilateral conduct, it does not prohibit monopoly or the fortuitous or quality-based acquisition of the same. It generally permits dominant companies to enjoy the fruits of their positions and does not speak to the propriety of excessive pricing. It does not impose service obligations on monopolists, nor does it generally limit their right to price discriminate amongst their consumers. It merely prohibits monopolists' artificial creation of impediments to competition--so-called exclusionary practices. With respect to concerted behavior, the law allows a vast swathe of private agreements, even …
The Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, Mark R. Patterson
The Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, Mark R. Patterson
San Diego Law Review
Under section 1 of the Sherman Act,' on which this Article will focus, a central position for market power has been mandated neither by statute nor by the Supreme Court. Section 1 refers only to "contract[s] ... in restraint of trade,"' language that suggests no market power requirement. Nor has the Supreme Court imposed any general market power requirement under section 1. To be sure, the Court has imposed market power requirements in certain categories of section 1 cases, but they are only those cases in which the plaintiff proceeds under a per se theory.' Indeed, the Court has on …
Extraterritorial Application Of Antitrust Laws And The U.S.-Eu Dispute Over The Boeing And Mcdonnell Douglas Merger: From Comity To Conflict? An Argument For A Binding International Agreement On Antitrust Enforcement And Dispute Resolution
San Diego Law Review
Due to the increase of "mega-mergers" between corporations trying to compete in the global economy, cross-border regulation of mergers and acquisitions by both the United States and the European Union has become much more common. 5 Until recently, such reviews and regulatory acts by foreign regulators only rarely caused trade disputes or tensions in diplomatic relations.' In order to maintain cooperation and prevent serious disputes over regulation of each other's domestic corporations, the United States and the European Union entered into an agreement on the application of antitrust laws in 1991.
Antitrust-Doctrine Of In Pari Delicto Held Not To Be Recognized As A Defense In Private Antitrust Action To Bar Recovery By A Plaintiff Who Was A Party To An Agreement Allegedly Containing Terms In Violation Of Antitrust Laws. Perma Life Mufflers, Inc. V. International Parts Corp. (U.S. 1968), Peter K. Nunez
San Diego Law Review
This recent case discusses Perma Life Mufflers, Inc. v. International Parts Corp. (U.S. 1968).