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The $2.5 Billion Question in Pharmaceutical Antitrust
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The $2.5 Billion Question in Pharmaceutical Antitrust

When Economics Has No Method: The Actavis Problem

In this episode, we examine the economic foundations of reverse-payment antitrust law through the lens of the Takeda verdict.

The Supreme Court’s *Actavis* decision shifted the focus from patent validity to payment size—but left unresolved how courts should measure what counts as “large.”

We explore the circularity embedded in the framework, the role of damages models, and why jury decisions may ultimately substitute for missing economic methods.


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