Five Arguments Laid to Rest After Actavis
Michael Carrier offers an in-depth analysis of the recent Supreme Court reverse-payment decision in Actavis,
focusing on the Court’s rejection of several arguments used by the settling parties and adopted by the appellate
courts in the pre-Actavis world. Carrier argues that by rejecting these arguments, the Court has ensured a robust
role for antitrust in evaluating these agreements.
Illuminating the Story of China’s Anti-monopoly Law
FTC Commissioner Maureen Ohlhausen provides an account of the China Competition Policy Forum—Competition
Policy in Transition—held this summer in Beijing. Commissioner Ohlhausen reviews the highlights of the Forum
and offers a behind-the-scenes view of antitrust enforcement in China.
A Five Year Review of Merger Enforcement in China
Editor Fei Deng and Cunzhen Huang summarize recently released information from MOFCOM to shed light on
merger enforcement in China. The authors conclude that merger enforcement in China resembles enforcement in
the United States and the European Union in many respects but that important differences can lead to divergent
The Elements of a Policy Statement on Section 5
Neil Averitt reviews the current debate on the scope of Section 5 of the FTC Act and asserts that none of the
current proposals emanating from the FTC to clarify the purposes and scope of Section 5 is satisfactory. He proposes a broader but bounded approach that could serve as a basis for a policy statement by the agency.
Paper Trail: Working Papers and Recent Scholarship
Editor Allan Shampine reviews a paper by Fiona Scott Morton and Carl Shapiro on the role of patent assertion
entities (PAEs) and their effect on competition. Shampine contends that while the competitive concerns of PAEs
are persuasively delineated in the paper, it remains unclear how those concerns should best be addressed.
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