Michael Carrier
@mcarrier.bsky.social
Professor at Rutgers Law School specializing in antitrust and IP law.
Reposted by Michael Carrier
@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...
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
October 27, 2025 at 3:07 PM
@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...
Honored to win the Antitrust Task Force Chair's Writing Award for my article with Victoria Field, PBMs: The Hidden Actor Behind Product Hopping.
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
October 22, 2025 at 2:20 AM
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 Carrier
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....
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
October 7, 2025 at 10:25 PM
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....
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....
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
October 7, 2025 at 8:08 PM
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....
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....
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
August 26, 2025 at 11:10 PM
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 Carrier
▶️ #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
July 10, 2025 at 4:18 PM
▶️ #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 Carrier
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
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
July 9, 2025 at 5:48 PM
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 Carrier
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.
June 24, 2025 at 10:54 PM
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.
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...
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
June 17, 2025 at 6:30 PM
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...
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
June 11, 2025 at 4:42 PM
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
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
June 11, 2025 at 4:33 PM
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 Carrier
#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇
#lawsky
#lawsky
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.
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
June 11, 2025 at 2:43 PM
#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇
#lawsky
#lawsky
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.
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
June 9, 2025 at 8:57 PM
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.
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.
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
April 30, 2025 at 5:27 PM
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.
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.
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
April 29, 2025 at 4:03 PM
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.
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...
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
April 14, 2025 at 3:38 PM
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...
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.
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
April 1, 2025 at 2:27 AM
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 Carrier
“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
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
March 11, 2025 at 2:03 PM
“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
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.
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
March 6, 2025 at 4:13 PM
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.
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...
February 24, 2025 at 11:39 PM
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...
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.
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
February 13, 2025 at 2:22 PM
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 Carrier
#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...
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
February 3, 2025 at 5:39 PM
#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...
Reposted by Michael Carrier
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...
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
January 15, 2025 at 5:05 PM
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...
For a more comprehensive look at Deere’s anticompetitive actions and lack of justifications...
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
January 15, 2025 at 7:50 PM
For a more comprehensive look at Deere’s anticompetitive actions and lack of justifications...
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.
#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
January 15, 2025 at 7:50 PM
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.