On Unknown Opportunities and Perils: Reflections on Carrier and Minniti’s ‘Biologics: The New Antitrust Frontier’
Posted by Social Science Research Network
By Thomas F. Cotter (University of Minnesota)
In their forthcoming article “Biologics: The New Antitrust Frontier,” Michael Carrier and Carl Minniti predict what antitrust problems will arise from conduct on the part of biologic and biosimilar drug manufacturers in the near future, and how these problems will differ (in terms of frequency and severity) from the more familiar issues arising from the discovery, regulation, and marketing of small-molecule compounds. In this responsive essay I argue that, while there are certain types of cases the frequency of which in this context we can predict with a fair degree of confidence, and for which courts have more-or-less standard analytical frameworks available, precisely how various possible threats to innovation and competition will play out in the years to come remains to some degree both unknown and unknowable. The frontier beyond the frontier remains ever elusive.
Featured News
McDonald’s Sues Beef Giants, Accusing Them of Price-Fixing Conspiracy
Oct 8, 2024 by
CPI
Federal Judge Orders Google to Open Android App Store Amid Antitrust Pressure
Oct 7, 2024 by
CPI
Federal Judge Greenlights FTC’s Antitrust Lawsuit Against Amazon, Tosses Some State Claims
Oct 7, 2024 by
CPI
Supreme Court Rejects Uber and Lyft’s Appeal in California Gig Worker Suits
Oct 7, 2024 by
CPI
Supreme Court Sidesteps 5-Hour Energy Pricing Case, Allowing Antitrust Claims to Proceed
Oct 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Refusal to Deal
Sep 27, 2024 by
CPI
Antitrust’s Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Sep 27, 2024 by
Erik Hovenkamp
Why All Antitrust Claims are Refusal to Deal Claims and What that Means for Policy
Sep 27, 2024 by
Ramsi Woodcock
The Aspen Misadventure
Sep 27, 2024 by
Roger Blair & Holly P. Stidham
Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case
Sep 27, 2024 by
Timothy Hsieh