Carl Shapiro and Aaron Edlin, along with Scott Hemphill and Herbert Hovenkamp, wrote an article about FTC v. Actavis, Inc. which appeared in the fall 2013 issue of Antitrust. The article identifies the essential features of the Supreme Court’s analysis and describes the elements of a plaintiff’s affirmative case, justifications that are ruled out by the Court’s logic, and a test for viable justifications. To read the article, click the link below.
Data sharing in hybrid marketplaces with endogenous fee setting
The issue is especially timely given provisions in the EU’s Digital Markets Act (DMA) designed to expand access to data held by large digital platforms. The...