In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of...

The Supreme Court speaks rarely about the meaning of the Sherman Act. When the Court does speak, its pronouncements have particular resonance and staying power among jurists, scholars and enforcers. NCAA v. Board of Regents of the University of Oklahoma was such a case. There the Court assessed...

With the most recent updates of its mobile operating systems, in April 2021 Apple implemented a new global App Tracking Transparency policy. The policy obliges app developers to display an additional (Apple-designed) prompt to request permission from end users for the developer to “track”...

In The Hidden Rules of a Modern Antitrust, Ramsi Woodcock argues that courts’ systematic use of the rule of reason, which underpins most of contemporary antitrust law, effectively amounts to an unwarranted blanket exemption from liability for potentially egregious practices. According to...

The Pacific Ocean liner shipping market appears to be cartelized, primarily because of antitrust exemptions for shipping companies’ agreements. The current industry consolidation trend driven by economies of scale is likely to nurture the collusion inducing environment further; thus,...

The idea that consideration of error costs should inform judgments about actions with uncertain consequences is well established. When we act on imperfect information, we consider not only the probability of an event, but also the expected costs of making an error. In 1984 Frank Easterbrook used...

Apple’s iOS 14 update represents an anti-competitive strategy disguised as a privacy-protecting measure. Apple now prohibits non-Apple apps from using information essential to providing relevant, personalized advertising, without explicit user opt-in. And users may opt-in only after they are...

A frequent starting point of the ongoing debates on a future platform regulation – in the EU in the form of a “Digital Markets Act” (DMA) – is the alleged ineffectiveness of competition law enforcement in the digital realm, and in particular when it comes to “abuse of domi-nance” or...

This study gives a brief history of the evolution of the Nigerian economy from independence till date taking into account the several milestones towards actualization of a fully liberalized economy devoid of cartels, price fixing and unhealthy competition. Another important aspect of this...