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Activating Actavis

Aaron Edlin, University of California, Department of Economics and School of Law
Scott Hemphill, Columbia University
Herbert Hovenkamp
Carl Shapiro


This article is an effort to help courts and counsel fill in the gaps in the Supreme Court's recent decision in FTC v. Actavis. We identify and operationalize the essential features of the Court’s analysis. We describe the elements of a plaintiff’s affirmative case and justifications that may be offered by defendants. For private cases, we outline an appropriate procedure for evaluating damages and suggest specific jury instructions.

Suggested Citation

Aaron Edlin, Scott Hemphill, Herbert Hovenkamp, and Carl Shapiro. "Activating Actavis" Antitrust (2013).
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