Rutgers University (Camden)

Michael A. Carrier

Rutgers University (Camden)
Professor of Law

Michael A. Carrier is Distinguished Professor at Rutgers Law School, where he specializes in antitrust and IP law. He is co-author of the leading IP/antitrust treatise, IP and Antitrust Law: An Analysis of Antitrust Principles Applied to Intellectual Property Law, the author of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, and the editor of Critical Concepts in Intellectual Property Law: Competition. He has written more than 120 book chapters and articles in leading law reviews, has been quoted more than 2000 times in the media, and has been cited in courts including the U.S. Supreme Court. Professor Carrier has testified before the FDA, FTC, National Academies, Senate Judiciary Committee, and House Energy & Commerce Committee; is a past chair of the Executive Committee of the Antitrust and Economic Regulation section of the Association of American Law Schools (AALS); was a policy volunteer for the 2020 Biden-Harris campaign; and served on the 2016 ABA Antitrust Section’s Presidential Transition Task Force.

Distinctions

Videos

2022 Antitrust Writing Awards - Business Article, Intellectual Property (Michael Carrier)
Michael A. Carrier 5 April 2022 Washington D.C.
Michael Carrier
Michael A. Carrier 28 March 2017 Washington, DC

Articles

10915 Bulletin

Michael A. Carrier The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)

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On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from anticompetitive (...)

Michael A. Carrier The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)

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On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

Michael A. Carrier Antitrust in the pharmaceutical sector: An overview of US case law

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The issues presented by pharmaceutical antitrust law are vital to national economies and patients’ lives. They implicate patent law, antitrust law, and various regulations. They occur in unique markets in which the entity prescribing the drug is not the one paying for it. And they rely on patents but also are marked by complexity, which creates room for anticompetitive conduct. The articles in this symposium shed light on these topics.

Michael A. Carrier The US District Court for the Northern District of California finds that an athletics association’s rules restricting payments to student-athletes violate antitrust laws (O’Bannon / NCAA)

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On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association (NCAA), Judge Claudia Wilken of the U.S. District Court for the Northern District of California found that the NCAA violated the antitrust laws by enacting rules that prevented student-athletes from being paid for the use (...)

Michael A. Carrier The US District Court for the Western District of Washington issues first analysis of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms (Microsoft / Motorola)

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On April 25, 2013, Judge James L. Robart of the U.S. District Court for the Western District of Washington offered the first analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. (...)

10803 Review

Herbert J. Hovenkamp, Mark D. Janis, Mark A. Lemley, Christopher R. Leslie, Michael A. Carrier IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Herbert J. HOVENKAMP, Mark D. JANIS, Mark A. LEMLEY, Christopher R. LESLIE and Michael A. CARRIER

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This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Alden F. Abbott, Robin Adelstein, Megan Browdie, Michael A. Carrier, Peter C. Carstensen, Samuel Clark, Lisl J. Dunlop, Harry First, Albert A. Foer, Eleanor M. Fox, Jacqueline Grise, Ryan Kantor, Donald C. Klawiter, John Kwoka, James Langenfeld, Tad Lipsky, Alessandro Massolo, Howard Morse, Gabriella Muscolo, James Bo Pearl, Noah Pinegar, Chris Ring, Christopher Sagers, Richard S. Taffet, Willard K. Tom, Eliot Turner, Doug Tween, Tommaso Valletti, Michael L. Weiner The new US antitrust administration

8494

This Concurrences special set of articles focuses on antitrust law and enforcement in the aftermath of the American Presidential Elections. It questions the changes and challenges expected in 2021 under the new Biden administration, and its impacts with respect to antitrust legislation and (...)

Agathe Richard, Aidan Synnott, Albert A. Foer, Alden F. Abbott, Alvaro Ramos, Ben Labow, Bonny Sweeney, Bradley T. Tennis, Christopher Meyers, Donald C. Klawiter, James J. Tierney, James Langenfeld, Janet McDavid, John DeQ. Briggs, John Kwoka, Joseph Farrell, Logan M. Breed, Mark D. Whitener, Michael A. Carrier, Michael D. Hausfeld, Michael L. Weiner, Michael P. Lehmann, Richard S. Taffet, Scott Andrew Sher, Sharis A. Pozen, William H. Rooney What is Trump Antitrust?

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Change is in the air and it is coming to antitrust and competition policy in the United States. The unexpected election of President-elect Donald J. Trump opened wide the speculation or mystery about what he and his advisors are planning concerning his administration’s antitrust policy. During (...)

Books

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