1325 G Street, N.W.
Washington, DC 20005
August 19, 2013 - David Balto questions whether the FTC can be both Prosecutor and Judge. View here.
August 14, 2013 - David Balto asks whether the FTC can be a fair umpire. View here.
July 22, 2013 - David Balto appeals to Congress to act on the anti-competive issue of Pay-for-Delay. View here.
June 28, 2013 - David Balto calls on the FTC to fix the Patent litigation mess and Patent privateering. View here.
June 3, 2013 - David Balto discusses using Antitrust laws to police patent privateering. View here.
May 23, 2013 - David Balto discusses how arbitration and voluntary commitments will better resolve the EU's issues with Google. View here.
May 23, 2013 -- David Balto argues for using arbitration to solve Fair, Reasonable and Nondiscriminatory (FRAND) royalties. View here.
May 21, 2013 -- David Balto discusses the lack of evidence in the DOJ's case on the Bazaarvocie Inc.-Power Review merger. View here.
May 17, 2013 -- David Balto and Hal Singer discuss how the FCC should allocate the broadcasters' spectrum. View here.
May 9, 2013 -- David Balto releases paper calling for increased vigilance and enforcement by the antitrust agencies to ensure that patent pools and similar collective pooling and IP licensing arrangements properly fulfill their procompetitive purposes for the benefit of licensors, licensees and consumers alike. View here.
April 1, 2013 -- David Balto shows how a prescription drug case reveals broader issues in the patent system. View here.
March 29, 2013 -- David Balto calls for transparency in Microsoft's patent privateering. View here.
March 6, 2013 -- David Balto applauds the selection of Edith Ramirez for FTC Chair. View here.
March 4, 2013 -- David Balto praises the introduction of the SHIELD Act, a bill to curb patent troll conduct. View here.
March 1, 2013 -- David Balto and Brendan Coffman discuss the unique challenge of patent pools. View here.
February 27, 2013 -- David Balto argues that the DOJ's action on the Bazaarvoice-PowerReviews merger is misguided. View here.
February 22, 2013 -- David Balto and Brendan Coffman offer public comments on the FTC's proposed Consent Order with Motorola Mobility, LLC. View here.
February 19, 2013 -- David Balto and independent California pharmacies applaud Anthem Blue Cross's decision to suspend a mail order drug delivery requirement for HIV/AIDS patients in California. View here.
January 4, 2013 -- David Balto and Brendan Coffman applaud the FTC's decision in the Google investigation. View here.
January 3, 2013 -- David Balto explains why there will be no reversal of fortune for Google's opponents. View here.
January 2, 2013 -- David Balto and James Kovacs review the literature on consolidation in health care markets. View here.
August 22, 2012 - David Balto discusses the EMI-Universal merger with reporter Lauren DeLisa on Pop Issues video series. View here.
June 18, 2012--David Balto argues against comparisons between Microsoft and Google in a compelling new paper. Some commentators have suggested that the government's case against Microsoft ten years ago provides a roadmap for a similar enforcement action against Google. They could not be more wrong. This paper dispels the overly simple analogy and shows that several key factors distinguish Microsoft from Google, and that any action against Google's business practices would be inconsistent with sound antitrust policy. This paper considers the questions of market definition, barriers to entry, network effects, and monopoly power as they relate to Google and Microsoft. Though any one of these factors should give pause to even the most zealous enforcer, we then show that procompetitive justifications for Google's alleged exclusionary practices set Google apart from Microsoft, which failed to introduce any procompetitive justifications for all but one of its practices. Finally, we show that there is no harm on consumers from Google's conduct, whereas purchasers of computers in the 1990s undoubtedly paid higher prices for inferior products as a result of Microsoft's monopolistic practices. Read Here.
June 11, 2012--David Balto offers insight into the concerns raised by the recent Nokia-Microsoft Alliance. Read Here.
April 2, 2012 -- David Balto weighs in on the consumer impact of the Affordable Care Act on News Channel 8's, Capital Insider. View Here.
December 6, 2011 - David Balto testifies on behalf of the nation’s leading consumer groups before the Senate Judiciary Committee on the merger of Express Scripts and Medco Health Solution. David’s testimony highlighted the harm to consumers if two of the three largest pharmacy benefit managers merge. He explained that this merger will make it more likely for Express Scripts to charge more for its services and to pass along less of the savings they obtain to their customers; all consumers will suffer as service and access to their retail pharmacies declines and they are increasingly denied a choice and service; the thousands of consumers who need specialty drugs will be particularly harmed; and the proffered efficiencies of the merging parties do not outweigh the anticompetitive effects and consumer harm that is likely to result from this transaction. Click Here to view David’s testimony.
November 2, 2011 - David Balto explains the need for the FTC to stop the Express-Scripts Medco merger. PBMs have been able to reap skyrocketing profits, leading to increased healthcare costs, because the PBM market lacks three elements essential for a competitive market: choice, transparency and lack of conflicts of interest. Step up to the plate: FTC needs to stop the Express Scripts-Medco merger.
September 17, 2011 - David Balto weighs in on the Department of Justice suit against AT&T and T-Mobile. See States Join Federal Lawsuit to Block AT&T Merger With T-Mobile. Business Law Daily.
September 9, 2011 - David Balto testifies before the House Ways and Means Committee on consolidation in the healthcare industry. David Balto's testimony highlighted the harm of further consolidation in the PBM market, should the Express Scripts-Medco merger go through. He explained that the considerable market aggregation that would result from this merger is likely to increase drug costs and harm consumers, public and private payors, pharmacies, and particularly, the patients that rely on specialty drugs. More broadly, Balto also spoke to benefits of greater provider integration, while warning of the cost-driving, problematic nature of aggregation in health insurance markets. Click here to view David's Testimony.
September 6, 2011 - David Balto files Amicus brief to the United States Supreme Court. On behalf of consumer groups AARP and U.S. PIRG, David Balto filed an Amicus brief in support of Petitioner Caraco's brief to combat abusive patent use filings and Orange Book manipulation. The brief details how these manipulative practices by certain branded drug companies inhibits entry and growth of low cost generic drugs to the market. Click here to view the brief.
August 10, 2011 - David Balto weighs in on the Express Scripts Medco merger, saying that doctors should be concerned about combining two of the three major pharmacy benefit managers. See Medco-Express Scripts merger would further concentrate PBM market.
July 12, 2011 - David Balto assesses the Obama administration's antitrust enforcement up to now and offers recommendations to strengthen that enforcement going forward. The report can be found here.
June 23, 2011 - David Balto weighs in on Internet Search issues with his latest paper -- Internet Search Competition -- Where's the Beef? He explains that while Google is the "target du jour in the antitrust community," efforts to bring antitrust enforcement against Google or impose amorphous concepts of "search neutrality" are misguided. Balto explains why Google's interests are strongly aligned with protecting and enhancing consumer sovereignty and that government regulation is unnecessary and would only stymie continued innovation. Read the paper here.
March 7, 2011 - Arizona hospitals settle antitrust case over temprorary nurses pay, brought by co-lead counsel David Balto of the Law Offices of David Balto and David Sorensen of Berger & Montague in Philadelphia. Click for full article. See related links for settlement filings.