In one sense the decision of the Third Circuit in Eisai v Sanofi-Aventis on 4 May was fairly unremarkable. Like those before it in Concord Boat, Allied Orthopedic, Southeast Missouri Hospital and others, the court rejected Eisai’s allegation that Sanofi’s loyalty discounts were an anticompetitive de facto exclusive dealing arrangement. Commentary immediately following the decision…

Antitrust is hot! Well, as hot as antitrust gets: the mainstream media has covered antitrust issues a few times recently, and policy discussions have broken out in Congress and on the campaign trail. While I disagree with many of the comments, I think it is great that such questions are being discussed by policymakers, reporters,…