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Expert Analysis

Can Antitrust Laws Prevent Abuse Of FDA Risk Programs?

Law360, New York (September 4, 2013, 12:36 PM EDT) -- For decades we have recognized how the regulatory process can be a fertile environment to secure and abuse market power. Outside the regulatory realm, when market power is secured we can expect the normal forces of competition to often dissipate that power, through new entry or expansion, of other competitive forces. But where market power is secured through regulatory abuse there is no competitive force that can dislodge that power. That is why the antitrust agencies have appropriately focused on regulatory abuse in its enforcement agenda....

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