FEATURED RESEARCH 2022-2023

"Atomistic Antitrust" by Robin Feldman & Mark A. Lemley

William & Mary Law Review (2022)

Antitrust is atomistic: It pays attention to the consequences of individual acts alleged to be anticompetitive. But this focus is misplaced. The atomistic nature of modern antitrust law causes it to miss two important classes of potential competitive harms First, the focus on individual acts means that antitrust can't effectively deal with probabilistic competitive harm: multiple acts, any one of which might or might not harm competition. Second, atomistic antitrust tends to miss synergistic competitive harm: acts which are lawful when taken individually, but which combine together in an anticompetitive way.

Atomistic Antitrust has received two notable awards: Best Academic Article for the 2023 Antitrust Writing Awards and Best Antitrust Article of 2022 on Burdens of Proof for the Jerry S. Cohen Memorial Fund Writing Award for antitrust scholarship.

"Patents as Property for the Takings" by Robin Feldman

NYU JIPEL (2023)

The Takings Clause of the Fifth Amendment states, " nor shall private property be taken for public use, without just compensation.” But are patents private property? In May 2023, C4i published this article in the NYU Journal of Intellectual Property & Entertainment Law, arguing that from historical, textual, and other precedents, patents are not private property for the purposes of the 5th Amendment's Takings Clause

After years of constitutional research, this law review article was published just weeks before multiple lawsuits were filed attempting to use the Takings Clause infringement to challenge Medicare's power to negotiate drug prices, including those under patent