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Articles 31 - 37 of 37
Full-Text Articles in Law and Economics
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
Bret Dickey
In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that …
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Kelly J. Bozanic
Class actions are powerful litigation devices, especially in antitrust cases. Plaintiffs who otherwise would not have the economic incentive to pursue judicial redress are vested with status as equal players in the commercial marketplace. The aims of both the antitrust laws and Rule 23(b)(3) of the Federal Rules of Civil Procedure are served through class actions, yet class actions also bear the potential of negatively impacting the consuming public. This is so, because district court judges considering certification motions face seemingly contradictory standards when it comes to certifying an antitrust class. As a result, plaintiff classes are often given an …
The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow
The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow
Christopher Wadlow
In 1918, the United States confiscated virtually all German-owned intellectual property assets within its jurisdiction. Out of 6,000 patents in the chemical field, 4,500 were assigned for a very modest consideration to an newly-established entity, the Chemical Foundation, which was incorporated with the objective of licensing and managing them for the benefit of the United States chemical industry. This article describes the origins and activities of the Chemical Foundation, and considers whether it provides a useful model, or at least useful lessons, for the collective management of patents today.
Regulation Insurance Sales Or Selling Insurance Regulation: Against Regulatory Competition In Insurance, Daniel Benjamin Schwarcz
Regulation Insurance Sales Or Selling Insurance Regulation: Against Regulatory Competition In Insurance, Daniel Benjamin Schwarcz
Daniel Benjamin Schwarcz
In certain regulatory regimes, including those governing banking and corporate law, firms are permitted to choose among multiple competing regulators. This Article examines the desirability of such regulatory competition in the context of property, casualty and life insurance markets. It analyzes various different approaches to structuring such regulatory competition, including those embodied in two recent reform proposals, the Optional Federal Charter (OFC) and the Single License Proposal (SLP). Ultimately, the Article argues that regulatory competition of any sort would undermine the core goals of insurance regulation, harming consumers, insurers, and third parties.
Tribal Land Laws In Andhra Pradesh, Hari Priya
Section 4 Of The Hindu Succession Act Of 1956, Hari Priya
Section 4 Of The Hindu Succession Act Of 1956, Hari Priya
Hari Priya
A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
Robert M Lloyd
This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.