Category: Antitrust Law

Essential Medications and Market Power: Insulin Through an Antitrust Lens

In this article, Katie Bunch examines the structure of the U.S. insulin market through the lens of federal antitrust law, analyzing how market concentration, patent protections, and pharmacy benefit manager rebate arrangements, influence competition for a life-saving medication. She evaluates how enforcement of existing antitrust statutes could address competitive concerns within the pharmaceutical industry and shape the future of antitrust oversight in healthcare markets.

Is Luxury Exclusivity Illegal? Hermès Birkin Bag and the Alleged Tying Arrangement

Brookelynn Stone examines Cavalleri v. Hermès International, a case challenging Hermès’ sales practices as an unlawful tying arrangement in violation of the Sherman Act. She analyzes the plaintiffs’ allegations and the district court’s reasoning for dismissal, and evaluates the potential implications of a Ninth Circuit reversal for antitrust treatment of luxury markets, while also considering what additional facts could have strengthened the plaintiffs’ claims to better support their antitrust theories beyond mere speculation.

The Evolution of Antitrust Law in A Digital Market: A Comprehensive Analysis of the Ticketmaster Lawsuit

Leah Luckett analyzes the current lawsuit between the Federal Trade Commission and Ticketmaster through the eyes of antitrust law in a quickly evolving digital market. She considers the potential impact of the lawsuit on not only the ticketing industry but other digital markets, ultimately deciding there may need to be more consumer protection and regulation in a highly digital economy.

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