Antitrust & Trade Law

Hovenkamp Herbert, Federal Trade Commission and the Sherman Act

62 Fla. L. Rev. 871 (2010) | | | INTRODUCTION :: The Federal Trade Commission was created in 1914 with the authority to identify and condemn “[u]nfair methods of competition.” The FTC, originally referred to as an “interstate trade commission,” was part of President Woodrow Wilson’s progressive campaign promise against big business, and much of […]

Michael A. Carrier, A Real-World Analysis of Pharmaceutical Settlements: The Missing Dimension of Product Hopping

62 Fla. L. Rev. 1009 (2010) | | | | ABSTRACT :: The pharmaceutical industry plays an important role in improving human health. But it also provides the setting for some of the most concerning issues in the patent-antitrust intersection today. Two activities are particularly worrisome. First, brand-name pharmaceutical firms and generic companies have settled […]

Usha Rodrigues, From Loyalty to Conflict: Addressing Fiduciary Duty at the Officer Level

61 Fla. L. Rev. 1 (2009) | | | | ABSTRACT :: Conflicts of interest are the quintessential agency cost-the constant, lurking danger that agents may seek their own personal gain, rather than the good of the corporation. Yet many corporate employees lack knowledge as to exactly what constitutes a conflict of interest. This ignorance […]

Sapna Kumar, The Other Patent Agency: Congressional Regulation of the ITC

61 Fla. L. Rev. 529 (2009) | | | | ABSTRACT :: The United States International Trade Commission has recently experienced a dramatic increase in patent infringement investigations under § 337 of the Tariff Act of 1930. In fact, the number of patent enforcement actions submitted to the ITC has nearly doubled in the last […]

Jessica Jackson, Much Ado About Nothing? The Antitrust Implications of Private Equity Club Deals

60 Fla. L. Rev. 697 (2008) | | | | INTRODUCTION :: In May 1976, with merely $ 120,000 and a few metal chairs left behind from a prior tenant, Kolberg Kravis Roberts & Co. (KKR) opened its doors. Though few people outside Wall Street circles knew of this start-up company, by the 1980s its […]

Larry Dougherty, Does a Cartel Aim Expressly? Trusting Calder Personal Jurisdiction when Antitrust Goes Global?

60 Fla. L. Rev. 915 (2008) | | | | INTRODUCTION :: Suppose your law firm represents CrabApple, the large, California-based manufacturer of the BuyPod, a portable digital music player. CrabApple also sells songs from its online music store, BuyTunes, for use on the BuyPod. One morning, a class-action antitrust lawsuit lands on your desk. […]