Law Commons^™

Letting Dentists Feel The Bite Of Competition, Aaron Edlin

Aaron Edlin

The Supreme Court ruling in North Carolina State Board of Dental Examiners v. Federal Trade Commission ruling will force state licensing boards to be more reasonable in their regulations and to be less cartel-like.

The Actavis Inference: Theory And Practice, Aaron Edlin, Herbert Hovenkamp, Scott Hemphill, Carl Shapiro

Aaron Edlin

In FTC v. Actavis, Inc., the Supreme Court considered “reverse payment” settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition.

This paper is an effort to assist courts …

Professors Update 2015, Antitrust Analysis, 7th Ed., Aaron Edlin, Scott Hemphill, Louis Kaplow

Aaron Edlin

Professors Update for Antitrust Analysis, 7th edition Includes updates to American Express v. Italian Colors, North Carolina State Board of Dental Examiners v. FTC, Text Messaging, and ZF Meritor v. Eaton.