Author: Michael Carrier

Consumers rely on listed prices being accurate. Imagine walking into your favorite store, bringing your desired item to the counter, and being told that the price you had to pay had little relation to the listed price. Remarkable as it is, this is commonplace in the pharmaceutical industry. Minnesota Attorney General Lori Swanson recently filed … Continue reading Challenging Deceptive Drug Pricing…

In FTC v. Actavis, the Supreme Court issued one of the most important antitrust decisions in the modern era. It held that a brand drug company’s payment to a generic firm to settle patent litigation and delay entering the market could violate the antitrust laws. Since the decision, courts have analyzed several issues, including causation, … Continue reading Pleading Standards: The Hidden Threat to Actavis…

FTC v. Actavis was a landmark antitrust decision. In rejecting the “scope of the patent” test that had immunized settlements by which brand-name drug firms pay generic companies to delay entering the market (“exclusion payment settlements”), the Supreme Court made clear that such agreements “tend to have significant adverse effects on competition” and could violate … Continue reading Why a ‘Large and Unjustified’ Payment Threshold is Not Consistent with Actavis…

Well, Greg, the funeral is over. We’re back to our lives. The memory of your physical presence will grow more distant with each passing day. But that is how you would want it. “Too much attention on me!” you would say. “Not deserved” you would continue. You would mean it from the bottom of your … Continue reading Thank you, Professor Lastowka…