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Michael Carrier

@mcarrier.bsky.social
749 followers 464 following 2.5K posts

Professor at Rutgers Law School specializing in antitrust and IP law.

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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 24/09/2026
#RutgersLaw Professor @mcarrier.bsky.social says a recent ruling involving Google’s advertising technology business underscores how difficult it is to obtain structural remedies: www.law360.com/articles/2527043 #lawsky
Red background featuring an 'Expert Insight' title, with a man in suit smiling in left box. Text includes their name, expertise in 'Antitrust / Intellectual Property,' and a quote discussing Big Tech cases. Mentions 'Keeping Google Ad Tech Biz Intact 'Not a Close Call'' from Law360. Rutgers Law white logo in the top right corner.
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Reposted by Michael Carrier
Rachel Sachs @rachelsachs.bsky.social · 02/09/2026
Now up at Health Affairs Forefront, @mcarrier.bsky.social and I analyze the FTC's proposed settlements with leading PBMs and explain why, in our view, the settlements will not fully accomplish their stated goals, with special focus on private-label biosimilars. www.healthaffairs.org/content/fore...
healthaffairs.org
Analyzing The Federal Trade Commission’s Pharmacy Benefit Manager Settlements | Health Affairs Forefront
Despite the FTC’s promises, its settlements with PBMs will not be fully effective at accomplishing their stated goals. One concern of note: The settlements neglect the recent development of PBMs marke...
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Michael Carrier @mcarrier.bsky.social · 31/08/2026
Yes, this raises concern. As you point out, pay-for-delay settlements differ since they're between competitors. @marklemley.bsky.social & @jnvictor.bsky.social address a concept similar to this with "anticompetitive acquiesence" that harms rivals... papers.ssrn.com/sol3/papers....
papers.ssrn.com
Anticompetitive Acquiescence
Across a wide range of lawsuits, regulations, and administrative adjudications, companies are giving up. They settle cases they are likely to win. They agree to
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Michael Carrier @mcarrier.bsky.social · 03/08/2026
Potential BMS-AstraZeneca merger poses antitrust concerns. Patricia Danzon and I have explained why large firm drug mergers are not needed for innovation and allow the firms to increase their leverage and harm consumers. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Neglected Concern of Firm Size in Pharmaceutical Mergers
Pharmaceutical markets are complex. Multiple agents, including doctors, insurers, and pharmacies, play critical roles that affect competition between manufactur
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Michael Carrier @mcarrier.bsky.social · 20/07/2026
I explain how Congress can reduce drug prices by addressing “skinny label” generics, patent thickets, and the review process at the Patent Office…
papers.ssrn.com
Lowering Drug Prices by Reviving Skinny Labels and Patent Challenges and Addressing Patent Thickets
<div> In this testimony to the Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet of the House Judiciary Committee,
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 04/06/2026
#RutgersLaw Professor @mcarrier.bsky.social testified at today's House Judiciary Subcommittee hearing examining how to balance robust patent rights with greater access to affordable medicines. Watch his full testimony on skinny labels, patent thickets, and the patent office: bit.ly/3QlZSOw
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 01/06/2026
A jury found Takeda paid a competitor to delay its generic constipation drug—marking the first private plaintiff victory at trial in a reverse-payment case. #RutgersLaw Professor @mcarrier.bsky.social says this is a warning for drug companies: bit.ly/43FTZi5 (paywall) #lawsky
news.bloomberglaw.com
Takeda Antitrust Verdict Seen As Big Win in Generic-Drug Fight
The importance of the $885 million antitrust verdict this week against Takeda Pharmaceuticals Co. Ltd. had less to do with the nine-figure damages than ending private plaintiffs’ losing streak challen...
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Michael Carrier @mcarrier.bsky.social · 19/05/2026
Big Tech gets all the attention, but in my latest I discuss monopolization cases against Live Nation/Ticketmaster, John Deere, and Syngenta.
papers.ssrn.com
<p>United States: Non-Big Tech Monopolization Litigation</p>
The U.S. government has brought remarkably few monopolization cases in the past several decades. This has changed in recent years with litigation filed against
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 08/04/2026
#RutgersLaw Prof. @mcarrier.bsky.social is the 3rd most cited professor in Food & Drug Law in the new HeinOnline Scholarly Impact Rankings. He is also in the top 50 in Property and Business & Corporations. Explore the impact of our professors’ wide‑ranging expertise: bit.ly/4u1Y1gP #lawsky
Promotional graphic for Rutgers Law School featuring a man in business suit. It highlights that he is ranked as the third most cited scholar in food and drug law per HeinOnline's Scholarly Impact Rankings. The person's name, Michael Carrier, is displayed along with the title "Board of Governors Professor of Law." In the background is a modern building.
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Michael Carrier @mcarrier.bsky.social · 22/04/2026
Next week, the Supreme Court will hear an important case about generic competition. In my latest, I explain the advantages the “skinny label” path under review offers versus litigation...
papers.ssrn.com
Skinny Labels' Importance for Drug Competition
<p><span>U.S. consumers suffer from high drug prices. A lack of generic competition is one reason why. Congress enacted balanced landmark legislation in 1984 to
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Michael Carrier @mcarrier.bsky.social · 02/03/2026
Patentable subject matter is a hot topic. Congress is considering changing the law. Is this needed? Maybe not. Come hear former Patent office head Joe Matal discuss.
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Michael Carrier @mcarrier.bsky.social · 26/02/2026
@charlesduan.bsky.social, @akesselheim.bsky.social, Sean Tu and I filed a brief urging the Supreme Court to open the “skinny label” pathway to generic competition that the Federal Circuit has effectively closed. To the 76 professors who signed the brief, thank you! papers.ssrn.com/sol3/papers....
papers.ssrn.com
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Michael Carrier @mcarrier.bsky.social · 19/02/2026
...In recent years, the Federal Circuit has restricted this pathway, and the Supreme Court will soon consider the issue. In this essay, I discuss the harms of restricting skinny labels. papers.ssrn.com/sol3/papers....
papers.ssrn.com
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Michael Carrier @mcarrier.bsky.social · 19/02/2026
When brand firms obtain patents covering one, but not a second, use of a drug, the generic can enter on the second use. Such a “skinny label” allows the generic to avoid litigation and more quickly enter the market, lowering prices for consumers...
papers.ssrn.com
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Reposted by Michael Carrier
Rachel Sachs @rachelsachs.bsky.social · 13/02/2026
Excited to see @mcarrier.bsky.social and my essay about PBMs' creation of private-label biosimilars, their competitive effects, and the potential antitrust issues involved now published in the Yale Journal of Health Policy, Law, and Ethics. yaleconnect.yale.edu/get_file?pid... 1/2
yaleconnect.yale.edu
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Reposted by Michael Carrier
Rachel Sachs @rachelsachs.bsky.social · 13/02/2026
It's a timely topic of interest to policymakers - the private-label biosimilar topic, in addition to other PBM behaviors that have been in the news, came up at Wednesday's E&C hearing on the role of the prescription drug supply chain in affordability. 2/2 bsky.app/profile/rach...
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Michael Carrier @mcarrier.bsky.social · 17/02/2026
...it threatens to forestall even greater price reductions and harm long-term competition and innovation. We also explore potential antitrust claims including self-preferencing, exclusive dealing, collusion, and unfair competition. papers.ssrn.com/sol3/papers....
papers.ssrn.com
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Michael Carrier @mcarrier.bsky.social · 17/02/2026
Many have criticized pharmacy benefit managers (PBMs). But one activity has flown below the radar: PBMs’ introduction of private-label biosimilars in which they have an interest. @rachelsachs.bsky.social and I explain how, even if this reduces prices in the short term...
papers.ssrn.com
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 05/01/2026
"The fast-changing nature of these markets — which is especially the case given recent improvements in artificial intelligence — raises hurdles...” #RutgersLaw Prof. @mcarrier.bsky.social says the government has been facing an “uphill climb” with breaking up Big Tech: bit.ly/49hzVVS #lawsky
financialpost.com
The U.S. is losing its battle to break up Big Tech
Washington's effort to split up Big Tech is faltering after setbacks in several monopoly cases that cast doubt on the strategy. Read here
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Michael Carrier @mcarrier.bsky.social · 12/12/2025
What will happen with Netflix’s proposed acquisition of Warner Bros.? I discuss the antitrust possibilities…
marketplace.org
Is the Netflix-Warner Bros. deal a sure thing?
Before the deal closes, the two companies will have to face Paramount and antitrust regulators.
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 10/12/2025
The US solicitor general urged SCOTUS to review ‘skinny labeling’ and generic drug access. #RutgersLaw Prof. @mcarrier.bsky.social explains why a second consecutive decision not to review the issue “will discourage generics from pursuing this path": www.statnews.com/pharmalot/20... #lawsky
statnews.com
Solicitor general urges Supreme Court to review ‘skinny labeling’ and generic drug access
In a closely watched case, the U.S. solicitor general has urged the Supreme Court to review a controversy over so-called skinny labels for medicines.
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Reposted by Michael Carrier
Lawfare @lawfaremedia.org · 27/10/2025
@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...
lawfaremedia.org
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.
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Michael Carrier @mcarrier.bsky.social · 22/10/2025
Honored to win the Antitrust Task Force Chair's Writing Award for my article with Victoria Field, PBMs: The Hidden Actor Behind Product Hopping.
papers.ssrn.com
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
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Reposted by Michael Carrier
Marc Edelman @profmarcedelman.bsky.social · 07/10/2025
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
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
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Michael Carrier @mcarrier.bsky.social · 07/10/2025
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....
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 27/08/2025
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....
papers.ssrn.com
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
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 10/07/2025
▶️ #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
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 09/07/2025
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
pmc.ncbi.nlm.nih.gov
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...
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Reposted by Michael Carrier
iFixit @ifixit.com · 24/06/2025
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.
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Michael Carrier @mcarrier.bsky.social · 17/06/2025
For @axios.com health care roundtable, I discuss bipartisan legislation that would lower drug prices. www.axios.com/2025/06/17/a...
axios.com
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.
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Michael Carrier @mcarrier.bsky.social · 11/06/2025
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?'”
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Michael Carrier @mcarrier.bsky.social · 11/06/2025
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
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Michael Carrier @mcarrier.bsky.social · 11/06/2025
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?'”
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Michael Carrier @mcarrier.bsky.social · 11/06/2025
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
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 11/06/2025
#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇 #lawsky
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Michael Carrier @mcarrier.bsky.social · 09/06/2025
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.
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 30/04/2025
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.
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 29/04/2025
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.
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 14/04/2025
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...
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 01/04/2025
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.
papers.ssrn.com
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
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 11/03/2025
“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
ft.com
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
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Michael Carrier @mcarrier.bsky.social · 06/03/2025
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.
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 24/02/2025
...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!
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Michael Carrier @mcarrier.bsky.social · 24/02/2025
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...
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Michael Carrier @mcarrier.bsky.social · 13/02/2025
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.
obits.mlive.com
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.
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Reposted by Michael Carrier
Rutgers Law School @law.rutgers.edu · 03/02/2025
#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...
espn.com
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.
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Reposted by Michael Carrier
Marc Edelman @profmarcedelman.bsky.social · 15/01/2025
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...
dx.doi.org
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
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Michael Carrier @mcarrier.bsky.social · 15/01/2025
For a more comprehensive look at Deere’s anticompetitive actions and lack of justifications...
papers.ssrn.com
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
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Michael Carrier @mcarrier.bsky.social · 15/01/2025
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.
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Michael Carrier @mcarrier.bsky.social · 31/12/2024
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.
papers.ssrn.com
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
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