Publications & Presentations

Publications

• Co-author, “State certificate-of-need laws for hospitals must go,” Minneapolis Star Tribune, April 28, 2020.
• Co-author, “Legislative Exactions After Koontz v. St. Johns River Management District,” 27 Geo. Int’l Entl. L. Rev. 539, January 12, 2016 (Georgetown International Environmental Law Review).
• Author, “‘But the Bridge Will Fall’ is Not a Valid Defense to an Antitrust Lawsuit,” Competition Policy International (Antitrust Chronicle) (November, 11, 2014).
• Co-author, “Refusals to Deal,” in Antitrust Law and Economics of Product Distribution (2d ed. 2016), American Bar Association.
• Co-author, “The Market Participant Exception to State-Action Immunity, Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 23, No. 1 (Spring 2014).
• Author, “The Comcast-TWC Merger: Limit the Government’s Options,” Competition Policy International (Antitrust Chronicle) (April 14, 2014).
• Author, “Your loyalty discounts and rebates may violate antitrust and competition laws,” DLA Piper Antitrust Alert (February 5, 2014).
• Co-author, “Actavis Court Requires Case-by-Case Analysis of Anticompetitive Effects Of Reverse-Payment Settlements,” Bloomberg BNA Antitrust & Trade Regulation Report (July 12, 2013)
• Co-author, “Justices say pay-for-delay deals with generic drug makers subject to antitrust ‘rule of reason’ ,'” Daily Journal (June 21, 2013)
• Co-author, “Supreme Court in Actavis: analyze reverse-payment settlements’ anticompetitive effects case by case,'” DLA Piper Antitrust Alert (June 19, 2013)
• Author, “Book Review – The Global Limits of Competition Law (Global Competition Law and Economics),” European Competition Law Review, Volume 34 Issue 6 (2013)
• Author, “US High Court Takes on State Antitrust Action Removability Case,” Los Angeles Daily Journal (June 6, 2013)
• Author, “New FTC Commissioner Prioritizes Transparency in Enforcement,” Los Angeles Daily Journal (April 23, 2013)
• Author, “Road To Class Certification Gets Bumpier,” Los Angeles Daily Journal (April 3, 2013)
• Co-author, “Chapter 5: Exclusive Dealing,” International Competition Network, Unilateral Conduct Workbook (April 2013)
• Author, ” US High Court Scales Back Major Antitrust Exemption,” Los Angeles Daily Journal (February 28, 2013)
• Co-author, “FTC v. Phoebe Putney Health System, Inc.: Supreme Court rules state law does not offer blanket protection from antitrust laws,” DLA Piper Antitrust Alert (February 21, 2013)
• Co-author, “Third Circuit Rekindles Uncertainty in Patent Settlements Under Hatch-Waxman Act,” DLA Piper Antitrust Alert (July 25, 2012)
• “The Antitrust Implications of Licensed Occupations Choosing Their Own Exclusive Jurisdiction,” 5 University of St. Thomas Journal of Law & Public Policy 28 (Spring 2011)
• Co-author, “State Licensing Agency Must Also Face Antitrust Scrutiny FTC Rules,” The Legal Intelligencer (March 7, 2011)
• Co-author, “State Antitrust Laws Fill Federal Void,” Executive Counsel (December 2010/January 2011)
• Co-author, “Practicing as a Competition Lawyer in the 21st Century,” The Legal Intelligencer (November 1, 2010)
• Co-author, “Can I Settle My Patent Litigation with a Reverse Payment Without Violating Antitrust Laws?” DLA Piper Intellectual Property and Technology News, Issue 6 (June 2010)
• Co-author, “Does My Reverse-Payment Settlement Violate the Antitrust Laws?” Pharmaceutical Law & Industry Report, (June 2010)
• “Loyalty Discounts and the FTC’s Lawsuit against Intel,” Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 19, No. 1 (Spring 2010) (Article PDF)
• Co-author, “FTC seeks to break new ground in lawsuit against Intel Corporation,” Antitrust Alert (6 Jan 2010)
• Co-author, “Section 5 Action Against Intel Shows FTC Seeks to Expand Power,” The Legal Intelligencer (January 4, 2010)
• Contributor to Insurance section of California Antitrust & Unfair Competition Law Treatise (Fourth) (2009)
• Co-author, “Administration’s New Antitrust Policy Is on Collision Course with High Court,” The Legal Intelligencer (June 2, 2009)
• Co-Author, “Department of Justice officially departs from Bush antitrust policies,” Antitrust Alert (12 May 2009)
• Co-author, “High Court’s Recent Linkline Decision Casts Doubt on Vitality of LePage’s,” The Legal Intelligencer (May 4, 2009)
• Co-author, “Court Adds Teeth to ‘Rigorous Analysis’ Requirement for Class Certification,” The Legal Intelligencer (March 2, 2009)
• Co-Author, “FTC Files Complaint Against Ovation,” Mergers and Acquisitions Newsletter; Antitrust Alert (24 Feb 2009)
• Co-Author, “FTC Files Complaint Against Ovation Challenge To Consummated, Nonreportable Acquisition Of Orphan Drug Followed By Price Increase,” Antitrust Alert (15 Jan 2009)
• Co-author, “The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court,” 4 J. Bus. & Tech. L. 167 (University of Maryland School of Law) (January 2009)
• Co-author, “Recent High Court Rulings Don’t Deserve ‘Pro-Business’ Label,” The Legal Intelligencer (April 7, 2008)
• Co-author, “Supreme Court Decisions Weaken Antitrust Laws,” Executive Counsel, (March/April 2008)
• Co-Author, “IPO Underwriting Practices Are Immune from Antitrust Claims,” Antitrust Alert (21 Jun 2007)
• Contributor to 2007 “Annual Review of Antitrust Law Developments,” American Bar Association Section of Antitrust Law
• Principal Contributor to “Joint Ventures: Antitrust Analysis of Collaborations Among Competitors,” American Bar Association Section of Antitrust Law (2006)
• “Recent Legislation: School Vouchers,” 37 Harv. J. on Legis. 607 (2000)
• “Efficiency, Entitlements, and the Value of Consent,” Res Publica, Illinois Wesleyan University (1998)

Presentations

• Panelist, “Sinking Your Teeth Into NC Dental,” ABA Antitrust Spring Meeting, April 11, 2018.
• Panelist, “Detecting Antitrust Red Flags in Business Dealings: Avoiding Costly Pitfalls, Identifying Potential Violations in Competitor, Supplier and Customer Interactions and Business Decisions,” Strafford CLE Webinar, August 26, 2014.
• Speaker, “Antitrust and Real Estate,” California Association of Realtors (CAR), Legal Affairs Forum, January 24, 2014 (CAR Agenda)
• Panelist, “A question of loyalty: How to analyse loyalty rebates and discounts” International Competition Network, December 9, 2013
• Moderator, “FTC v. Actavis, Inc., Practical Implications of the Landmark Supreme Court Decision,” Law Seminars International, July 16, 2013
• Panelist, “ABA Unilateral Conduct Committee,” American Bar Association Unilateral Conduct Committee teleconference, June 5 2013
• Moderator, “FTC v. Phoebe Putney Health System, Practical Implications of the Landmark Supreme Court Decision,” Law Seminars International, March 1, 2013
• Speaker, “Licensing from an Antitrust Perspective,” Occupational Licensing: Protecting the Public or Protectionism?, University of St. Thomas School of Law symposium, hosted by the University of St. Thomas Journal of Law and Public Policy, Minneapolis, February 11, 2011 (Agenda)
• Radio interview on behalf of NFIB Legal Foundation, discussing a California Supreme Court decision on frivolous lawsuits, July 18, 2007.