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July 22, 2021

Timi Iwayemi Fatou Ndiaye

Report

Anti-MonopolyIndependent AgenciesIntellectual PropertyPharmaTrade Policy

The Industry Agenda: Big Pharma

In 2019, Gallup found that the pharmaceutical industry was “the most poorly regarded industry in Americans’ eyes,” and rightfully so. Pharmaceutical companies often set drug prices exorbitantly high, including life-saving drugs which patients literally cannot go without, such as insulin. This includes older drugs that are cheaper to produce — such as epinephrine (emergency medication used to treat severe allergic reactions and asthma attacks). These firms achieve this by stifling competition at the consumer’s expense, jealously protecting their money-makers from the generics which the pharmaceutical system is supposed to develop after a patent expires.

September 01, 2021 | The New Republic

Eleanor Eagan Jeff Hauser

Op-Ed

Anti-MonopolyDepartment of JusticeEthics in Government

Big Tech’s Attacks on Biden’s Anti-Monopoly Regulators Are a Joke

In a move cheered by progressives and antitrust reformers, President Biden has nominated Jonathan Kanter to serve as assistant attorney general for antitrust. Kanter’s nomination, alongside that of Lina Khan to lead the Federal Trade Commission earlier this year, is the latest sign that this administration is, for the first time in generations, fiercely committed to enforcing antitrust laws. However, this generation’s most notorious monopolies—Amazon, Facebook, and Google—are making it vividly clear that they will try anything to retain their power. That apparently includes lobbing poorly reasoned, transparently bad faith calls for their newly anointed foes to recuse themselves from relevant cases.

August 30, 2021

Eleanor Eagan

Op-Ed

Department of Justice

Merrick Garland Is Failing His Biggest Test

In the past week, the Supreme Court decided to embrace its most evil tendencies, first by stating that Biden could not end Trump’s horrendous “Remain in Mexico” policy, then by clearing the way for millions to be evicted. It issued both these consequential rulings on the “shadow docket,” without even granting a fair hearing. The cruelty is breathtaking but hardly surprising. Ultimately, it underscores what we’ve always known: Biden’s agenda will face an uphill battle in the courts.

August 24, 2021

Zena Wolf

Blog Post

BigLawDepartment of Justice

Acting Solicitor General Elizabeth Prelogar's Record Inspires No Confidence As She's Nominated To Permanent Role

Earlier this month, Biden nominated Elizabeth Prelogar for the position of Solicitor General. Prelogar, who has served as Acting Solicitor General since January, was an expected choice – her nomination was met with little more than a shrug of acquiescence and lingering questions about why the position had gone unfilled for so long. Despite Prelogar’s long history of working within the Department of Justice, her recent stint at the corporate BigLaw firm Cooley LLP and many of the decisions she made as Acting Solicitor General raise troubling questions about conflicts of interest and her commitment to fighting hard for the public interest.