The Rule of Reason in the Post-Actavis World

20 Pages Posted: 23 May 2018

Date Written: March 21, 2018

Abstract

Though known more as U.S. President and Supreme Court Chief Justice, William Howard Taft played an important role in the development of antitrust law. As Sixth Circuit judge, his ruling in the Addyston Pipe case can be linked to modern antitrust law, including the Supreme Court’s 2013 decision in FTC v. Actavis on drug patent settlements. This essay, which builds on a lecture given to the NY State Bar Association's Antitrust Section, draws lessons from Addyston Pipe for these settlements, explains how courts today apply the Rule of Reason, and explores the analysis of settlements after Actavis.

Keywords: settlements, pharmaceuticals, drugs, Actavis, Taft, Rule of Reason, O'Bannon, Addyston Pipe, Wellbutrin

JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38

Suggested Citation

Carrier, Michael A., The Rule of Reason in the Post-Actavis World (March 21, 2018). 2018 Columbia Business Law Review 26. Available at SSRN: https://ssrn.com/abstract=3177128

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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