Michael Carrier
@mcarrier.bsky.social
Professor at Rutgers Law School specializing in antitrust and IP law.
Economics
38%
Business
34%
Reposted by Michael A. Carrier
Lawfare
@lawfaremedia.org
· 14d
Worried About AI Monopoly? Embrace Copyright’s Limits
Copyright’s limits play essential antimonopoly functions. Undermining them in the context of AI is likely to strengthen Big Tech.
www.lawfaremedia.org
@mcarrier.bsky.social and @derekslater.bsky.social explain how copyright's competition-promoting tools can be used to combat Big Tech's monopoly power and foster a robust AI marketplace. www.lawfaremedia.org/article/worr...
PBMs: The Hidden Actor Behind Product Hopping
<br>
The issue of high U.S. prescription drug prices has received significant attention. In recent congressional hearings, brand-name drug companies have blamed phar
papers.ssrn.com
Honored to win the Antitrust Task Force Chair's Writing Award for my article with Victoria Field, PBMs: The Hidden Actor Behind Product Hopping.
Reposted by Michael A. Carrier
An Antitrust Analysis of the NCAA Transfer Policy
The National Collegiate Athletic Association (NCAA) is no stranger to antitrust law. As a trade association composed of nearly all U.S. colleges offering compet
papers.ssrn.com
Every time the #NCAA gets a new bad legal idea, there’s a law review article waiting on the topic. As the NCAA is again discussing restraining athlete transfers, @mcarrier.bsky.social and I already have an article expressing why the restraints violate antitrust law:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Mark A. Lemley
Michael Carrier
@mcarrier.bsky.social
· Oct 7
Rule or Reason? The Role of Balancing in Antitrust Law
Antitrust law has two basic ways of analyzing conduct alleged to be anticompetitive. Some conduct is viewed as so inherently pernicious that it is deemed i
papers.ssrn.com
In a piece just published in the Notre Dame Law Review, @marklemley.bsky.social & I argue that courts are confused about how to apply the rule of reason and explain the importance of a four-step test that includes balancing of costs and benefits. papers.ssrn.com/sol3/papers....
Michael Carrier
@mcarrier.bsky.social
· Aug 26
Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA's Problem
The NCAA recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, it seeks to follow
papers.ssrn.com
Honored to receive the “Outstanding Sports and Entertainment Law Paper” from the Academy of Legal Studies in Business for the paper Marc Edelman and I wrote: “Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA’s Problem.” papers.ssrn.com/sol3/papers....
Reposted by Michael A. Carrier
Rutgers Law School
@law.rutgers.edu
· Jan 15
John Deere Sued by FTC Over Equipment-Repair Practices
The lawsuit against the maker of John Deere tractors represents a final push in the Biden administration’s broader efforts to make repairs less costly for consumers.
www.nytimes.com
#RutgersLaw Professor @mcarrier.bsky.social comments in the New York Times on the FTC lawsuit over John Deere equipment repair practices: www.nytimes.com/2025/01/15/b...
Reposted by Michael A. Carrier
Rutgers Law School
@law.rutgers.edu
· Jul 10
▶️ #RutgersLaw Professor @mcarrier.bsky.social spoke in a recent Dept. of Justice/Federal Trade Commission listening session on "Lowering Americans Drug Prices Through Competition." In this video, he gives background on cases of 'product hopping.' : www.justice.gov/opa/video/do...
#lawsky
#lawsky
Reposted by Michael A. Carrier
Rutgers Law School
@law.rutgers.edu
· Jul 9
The Innovation/Access Tradeoff, Part 1000
From the perspective of intellectual property (IP) and antitrust law, the overriding question in the pharmaceutical industry is how to navigate the tradeoff between innovation and access. It is into t...
pmc.ncbi.nlm.nih.gov
Rutgers Law Professor @mcarrier.bsky.social comments on an article by William Feldman which discusses various anticompetitive behavior including "patent thickets" and "product hopping": pmc.ncbi.nlm.nih.gov/articles/PMC...
#lawsky
#lawsky
Reposted by Michael A. Carrier
iFixit
@ifixit.com
· Jun 24
Can we get a big Texas yeehaw?! The Lone Star State just signed the seventh state Right to Repair law for electronics. It’s also the first electronics repair law to pass in a state led by a Republican, but we’re only surprised it took this long.
Michael Carrier
@mcarrier.bsky.social
· Jun 17
Axios Event: "Broken" American health care system draws bipartisan focus, lawmakers say
Improving drug access and affordability is a key health care policy issue with strong bipartisan support, health care experts said at an Axios roundtable on June 12.
www.axios.com
For @axios.com health care roundtable, I discuss bipartisan legislation that would lower drug prices.
www.axios.com/2025/06/17/a...
www.axios.com/2025/06/17/a...
Michael Carrier
@mcarrier.bsky.social
· Jun 11
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
Michael Carrier
@mcarrier.bsky.social
· Jun 11
Court denies Deere's motion with colorful language. I've discussed concerns with abuse of consumers' right to repair...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
Michael Carrier
@mcarrier.bsky.social
· Jun 11
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
Michael Carrier
@mcarrier.bsky.social
· Jun 11
Court denies Deere's motion with colorful language. I've discussed concerns with the abuse of the "right to repair"...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
Reposted by Michael A. Carrier
Bloomberg Law
@bloomberglaw.com
· Jun 10
NCAA’s Legal Risks Endure Despite $2.8 Billion NIL Settlement
A federal judge’s final approval of the NCAA’s $2.8 billion settlement with student-athletes won’t quell all the antitrust threats for the sports organization as it seeks to provide stability in college sports.
bit.ly
A federal judge’s final approval of the NCAA’s $2.8 billion settlement with student-athletes won’t quell all the antitrust threats for the sports organization as it seeks to provide stability in college sports.
Michael Carrier
@mcarrier.bsky.social
· Jun 9
Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA's Problem
The NCAA recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, it seeks to follow
papers.ssrn.com
The NCAA settlement is big news but, as @profmarcedelman.bsky.social & I explain, doesn’t provide antitrust immunity. Why? Because unlike professional sports leagues, no union = no antitrust exemption.
Michael Carrier
@mcarrier.bsky.social
· Apr 30
Standards Organizations: The Missing Link in Fixing FRAND Evasion
Standards, common platforms that allow products to work together, offer benefits to society. But standards typically involve patents. And the owner of a patent
papers.ssrn.com
Patentees can abuse standards to “hold up” an industry. And even if they promise to reasonably license their patents, these commitments have been evaded through “patent pools.” David Katz and I discuss.
Michael Carrier
@mcarrier.bsky.social
· Apr 29
The Missing Caselaw of Reverse-Payment Settlements
In 2013, the Supreme Court issued one of the most important antitrust rulings in the past generation. In <i>FTC v. Actavis</i>, the Court held that agreements b
papers.ssrn.com
Why is the law unclear on agreements by which brand firms pay generics to delay entry? Some say because of a 2013 Supreme Court decision. Based on a comprehensive review of the caselaw, Ed Bank and I highlight another reason: the settlement of antitrust challenges to these agreements before verdict.
Michael Carrier
@mcarrier.bsky.social
· Apr 14
Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA's Problem
The NCAA recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, it seeks to follow
papers.ssrn.com
As the court decides whether to approve the college-athlete settlement in House v. NCAA, the settlement’s salary cap will not be immune from future antitrust lawsuits. Marc Edelman & I explain...
Michael Carrier
@mcarrier.bsky.social
· Apr 1
Avanci's Admissions Cast Doubt on Pool's Procompetitive Effects
Patent pools have historically been viewed as procompetitive. And the latest pool receiving widespread attention, the Avanci pool, has gained support for this r
papers.ssrn.com
Collections of patents known as pools can offer benefits but also can harm competition. The Avanci pool covering the auto industry reflects the latter, with Brian Scarpelli, Priya Nair, and I explaining how the pool’s concessions in a UK hearing are at odds with what it has told the industry.
Reposted by Michael A. Carrier
Rutgers Law School
@law.rutgers.edu
· Mar 11
Trump nominee unites right and left with tough antitrust view
Oxford-educated Gail Slater’s concerns about market concentration have caused disquiet on Wall Street
www.ft.com
“We’re not likely to see the foot being let off the gas completely”.
- #RutgersLaw Professor @mcarrier.bsky.social weighing in on what may be a continuation of previous enforcement by the President's pick to lead the Justice Department’s antitrust division: www.ft.com/content/7697...
#lawsky
- #RutgersLaw Professor @mcarrier.bsky.social weighing in on what may be a continuation of previous enforcement by the President's pick to lead the Justice Department’s antitrust division: www.ft.com/content/7697...
#lawsky
Michael Carrier
@mcarrier.bsky.social
· Mar 6
PBMs: The Hidden Actor Behind Product Hopping
<br>
The issue of high U.S. prescription drug prices has received significant attention. In recent congressional hearings, brand-name drug companies have blamed phar
papers.ssrn.com
Drug firms engage in “product hopping” by switching from one version to a similar one. PBMs list drugs on their formularies based on rebates. Victoria Field & I show a new type of harm from the combination of these two activities.
Michael Carrier
@mcarrier.bsky.social
· Feb 24
...Elizabeth Arthur, Doni Bloomfield, Gwendolyn J. Lindsay Cooley, Robin Feldman, Victoria Field, @marklemley.bsky.social, Arti Rai, @rachelsachs.bsky.social, @asarpatwari.bsky.social, and Sean Tu. Without harming innovation, there are many things we can do to lower high drug prices!
Michael Carrier
@mcarrier.bsky.social
· Feb 24
Thanks to my co-organizer and host Christopher Leslie for a great conference at UC Irvine School of Law bringing together scholars and enforcement officials to discuss pharmaceutical competition. And grateful for the fabulous contributions of...
Michael Carrier
@mcarrier.bsky.social
· Feb 13
Thomas Kauper Obituary (09/25/1935 - 02/09/2025) - Ann Arbor, MI - Ann Arbor News
View Thomas E. Kauper's obituary, send flowers and sign the guestbook.
obits.mlive.com
Sad to hear about the loss of Tom Kauper, head of the Antitrust Division in the ‘70s (filing the case that led to the breakup of AT&T). His courses in antitrust changed my life and I’m glad I had the chance to share that with him.
Reposted by Michael A. Carrier
Rutgers Law School
@law.rutgers.edu
· Feb 3
Judge weighs NCAA's $2.8B deal amid objections
Over a dozen objections were filed against the nearly $2.8 billion NCAA antitrust settlement ahead of Friday's deadline. A hearing for the the settlement has been scheduled for April 7.
www.espn.com
#RutgersLaw Prof. @mcarrier.bsky.social explains to ESPN why the $2.8B antitrust NCAA settlement is good for current student-athletes but might not be ideal for future student-athletes who challenge restraints:
www.espn.com/college-spor...
www.espn.com/college-spor...
Michael Carrier
@mcarrier.bsky.social
· Jan 15
How the Federal Trade Commission Can Use Section 5 To Strengthen the Right to Repair
Consumers’ right to repair their products is under attack. Manufacturers have decimated this long-held right by making parts unavailable, preventing products fr
papers.ssrn.com
For a more comprehensive look at Deere’s anticompetitive actions and lack of justifications...
Michael Carrier
@mcarrier.bsky.social
· Jan 15
#RutgersLaw Professor @mcarrier.bsky.social comments in the New York Times on the FTC lawsuit over John Deere equipment repair practices: www.nytimes.com/2025/01/15/b...
John Deere Sued by FTC Over Equipment-Repair Practices
The lawsuit against the maker of John Deere tractors represents a final push in the Biden administration’s broader efforts to make repairs less costly for consumers.
www.nytimes.com
Though the last-minute nature of the filing led to a 3-2 FTC vote, I explain how “right to repair” is not a partisan issue.
Reposted by Michael A. Carrier
Marc Edelman
@profmarcedelman.bsky.social
· Jan 15
An Antitrust Analysis of the NCAA Transfer Policy
<div>
The National Collegiate Athletic Association ("NCAA") is no stranger to antitrust law. As a trade association composed of nearly all U.S. colle
dx.doi.org
NCAA president Charlie Baker is talking about limiting the dates in which college athletes can declare to transfer to just a 10 day period. In the academic world, @mcarrier.bsky.social and I have published on the antitrust risks. Link below if anyone is interested: dx.doi.org/10.2139/ssrn...
Michael Carrier
@mcarrier.bsky.social
· Dec 31
The Antitrust Case Against Live Nation Entertainment
In November 2022, millions of Taylor Swift fans were angry. For the first time since 2018, Swift was going on tour. Demand was through the roof. But the process
papers.ssrn.com
Thanks to @blueark.app, I imported a decade of posts from Twitter. My #1 topic for 2024: why Live Nation/Ticketmaster is a walking antitrust violation (papers.ssrn.com/sol3/papers....) and why the DOJ/state lawsuit is so strong.