Professor Carrier podcast with Northwestern Law Review

This podcast discusses and elaborates on Professor Carrier’s essay, in which he explores two recent district court decisions that could frustrate the Supreme Court’s recent directive to apply antitrust law to “exclusion payment” patent settlements. The Court’s high-profile Actavis decision set broad guidelines for lower courts on how to assess the settlements, in which a brand-name drug company pays a generic to drop its patent challenge and delay entering the market. In this podcast, Carrier surveys and refutes the Lamictal and Loestrin courts’ understanding of the Actavis decision, arguing that the courts improperly favor settlements at the expense of meaningful antitrust scrutiny. Consumers will pay the price if other courts do not step in to correctly apply Actavis.