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Antitrust Issues in the Settlement of Pharmaceutical Patent Disputes, Part II

The American Bar Association Antitrust Healthcare Program, in Washington, D.C., on May 17, 2001, and to be published in the December 2001 edition of the Journal of Health Law


As the title indicates, the settlement of pharmaceutical patent disputes is a subject that I have already addressed.(1) You may wonder why I am visiting it again. When I first discussed the issue last November, The Federal Trade Commission ("the Commission") had brought only two cases,(2) with a few more in the pipeline.

State Auto Dealer Regulation: One Man's Preliminary View

The International Franchise Association 34th Annual Legal Symposium

Washington, D.C.


The title of this speech should be taken literally. The reference to one man emphasizes that I am just speaking for myself. This is the standard disclaimer from people in a federal agency, but I flag it here because this article addresses something that I have not even discussed with my colleagues in the Commission. State auto dealer regulation is a subject that I have been thinking about recently, but thus far I have been doing so in isolation.

The Patent-Antitrust Interface

Based on a speech before the American Bar Association's Section of Antitrust Law Program, "Intellectual Property and Antitrust: Navigating the Minefield"

Philadelphia, Pennsylvania


I. Introduction

The interface between intellectual property law and competition is a challenging subject that is a relatively new one for me. For a variety of reasons my individual private practice did not focus on patent antitrust issues.

The Midwest Gasoline Investigation

The University of Maryland

College Park, Maryland


The FTC's investigation of the Midwest Gasoline price spike found no evidence of any anti-trust violations. In my view the main culprit was the introduction of Phase II reformulated gasoline and the adjustment to that new requirement, particularly in the Chicago and Milwaukee area, where refiners use ethanol rather than MTBE in reformulated gasoline (RFG). 

Between Competition and Cooperation--Changing Business-to-Business Relations

The 8th World Business Dialogue, University of Cologne

Cologne, Germany


Introduction and Disclaimer

Good morning. I am very pleased to have an opportunity to participate in a discussion of a number of issues of international interest.

Some of the topics I will briefly touch on include the U.S. Federal Trade Commission's international enforcement activities -- especially as to mergers and electronic commerce -- and the growth of transnational antitrust cooperation as a way of dealing with anticompetitive activities that have cross-border effects.

Report from the Bureau of Competition

The American Bar Association, Antitrust Section, Spring Meeting 2001

Washington, D.C.Ê


I. Introduction

I appreciate the opportunity to present this overview of developments at the Bureau of Competition over the last twelve months.(1) I have the distinct honor of succeeding Rich Parker, who presented the Bureau's report last year. As illustrated by the Bureau's record during his tenure, I have large shoes to fill (or, in his case, cowboy boots). Fortunately, Rich left a Bureau with a highly talented and dedicated staff focused on serving the public interest.

Washington State Senate: Identity Theft Statement

The Committe on Labor, Commerce and Financial Institutions, Washington State Senate

Olympia, Washington


Senator Prentice and members of the Committee, I am Charles Harwood, Director of the Northwest Region of the Federal Trade Commission ("FTC" or "Commission").(1) I appreciate the opportunity to present testimony on the important issue of identity theft, and to describe the Commission's efforts to help victims, alert industry and equip law enforcement to deal with this harrowing crime.(2)

Antitrust Economics: Three Cheers and Two Challenges


People who labor in and around the law are naturally wary of commentary that begins with praise. They have learned, for example, that appellate court opinions that start with references to the "learned" or "distinguished" trial judge invariably are reversals. And a lifetime of exposure to parental guidance, lectures, sermons and other forms of address suggest that praise is often a prelude to complaint.

Antitrust Issues in Settlement of Pharmaceutical Patent Disputes

Sixth Annual Health Care Antitrust Forum, Northwestern University School of Law

Chicago, Illinois


1. Introduction

I want to thank the Healthcare Antitrust Forum for the invitation to talk about some recent developments in healthcare antitrust at the FTC.(1) An agency representative's usual response to such an invitation is a survey of cases across a spectrum, but I will not do that today. Instead, I would like to focus in some depth on the antitrust issues involved in the settlement of pharmaceutical patent disputes.


The First National HIPPA Summit, Grand Hyatt Hotel

Washington, D.C.


I. Introduction

This conference symbolizes a new beginning in the privacy arena. My focus will be on general issues of Internet Privacy and the Federal Trade Commission's role in this area. I hope that some of the principles I discuss will be helpful as you meet the implementation challenges raised by the forthcoming HIPPA ("Health Insurance Portability and Accountability Act") regulations.

EU and U.S. Approaches to International Mergers--Views from the U.S. Federal Trade Commission

Remarks before EC Merger Control 10th Anniversary Conference, The European Commission Directorate General for Competition, International Bar Association, Metropole Hotel

Brussels, Belgium


It is a delight for me to participate in this panel on Merger Control in an International Context, and to join my enforcement colleagues and friends, Alex Schaub and Joel Klein, in this discussion with Peter Sutherland, Jacques Bougie, Mario Siragusa, and our moderator Sir Christopher Bellamy.

Government and the Tech World: Friends or Foes?

Prepared Remarks before the Federalist Society, North Carolina Research Triangle Chapter

Raleigh, North Carolina


Good evening. I'm glad to be here tonight to offer some thoughts as to whether government antitrust enforcement is the "friend or foe" of the tech world.

Antitrust in the Emerging B2B Marketplace

Remarks before Forum for Trust in Online Trade, Princeton Club

New York, N.Y.


It is a pleasure to be with you this afternoon. As is always the case for Federal Trade Commissioners, it is important for me to note that my comments today are my own and in no way represent the views of the Commission or of any other Commissioner. During the FTC's recent B2B Workshop,(1) I expressed the belief that it was important for the Commission and other interested government regulators to LISTEN and LEARN from the business people and technical experts.

Use Your Time Wisely: Do's and Don't's for Effective Advocacy Before the Federal Trade Commission (as published in the ANTITRUST REPORT 2000)

Speech before the ABA Section of Antitrust Law's 2000 Annual Meeting

New York, NY


Given the readership of ANTITRUST REPORT, I know that many of you frequently wander the halls of the Federal Trade Commission, often with clients in tow. Each of you probably has developed your own sense of what works best, but surely you are always looking for ways to better serve your clients. I am delighted to share some of my insights about effective advocacy before the Commission.

Distribution Law Developments At The Federal Trade Commission

Distribution and Dealer Termination, 21st Anniversary Seminar, Law Journal Seminars

New York, N.Y.


The Commission has recently taken two enforcement actions with a potentially significant effect on distribution law. The first is a series of consent agreements involving cooperative advertising in the pre-recorded music industry; the second is a consent order resolving Robinson-Patman Act charges against McCormick & Co., the leading supplier of spices.

E-Commerce: The Future of Banking and Financial Services

Remarks before Financial Services Meets E-Commerce: What the Future Holds, The Federalist Society Financial Services and E-Commerce Practice Group and Suffolk University Law School


I am pleased to be here today in Boston - - the cradle of American liberty - - to discuss the impact of technology on the future of e-commerce and the financial services industry. At the outset, I want to emphasize that I believe that the government should play only a minimal role in our lives because this allows Americans to make their own decisions, including economic decisions. When private markets are permitted to operate without government intervention or control, they generally produce more and better products at lower prices for all Americans.