Understanding and Un-Tying Product Hopping Litigation

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White & Case partner Jack Pace and associate Kevin Adam authored a series of articles, published in Antitrust Magazine in 2018-2019, analyzing the emerging standards for pharmaceutical “product hopping” cases in the wake of recent key decisions in the Second and Third Circuits. This series, which ended with “Understanding and Un-Tying Product Hopping Litigation, Part II: A Reply to Carrier and Shadowen,” and the arguments Pace and Adam addressed therein have generated substantial debate in the antitrust community, at the federal court level, and even in the United States Congress about the best way to approach these conflicting standards moving forward.