President Biden rejects the economics-driven antitrust policies of the past 40 years. Flanked by his White House competition adviser and his new FTC Chair in July 2021, he asserted that the "experiment failed" and promised to return to earlier antitrust traditions. This report shows those...

This symposium began with a call for papers “re-assessing the validity of the Chicago School’s assumptions about competition and considering whether a more aggressive approach to antitrust enforcement is now warranted.” That framing uncritically accepts the premises of antitrust’s new...

In ignoring the facts of the Three Tenors case and the transactions costs of legal rulemaking, Professor Goldberg would unnecessarily complicate antitrust law to the detriment of consumers. Contrary to his assertions, the FTC's opinion does not favor ownership over contract. The parties could...

The US patent system is a foundation of our nation's economy, encouraging innovation and growth. The exclusive right to use and license an invention provides numerous benefits to its inventor and to the broader economy. The patent system is not costless, however, and significant costs stem from...

The analytical framework of the Horizontal Merger Guidelines, first introduced by Bill Baxter in 1982, has been adopted by numerous Assistant Attorney Generals and Federal Trade Commission Chairmen of both political parties. For example, former Assistant Attorney General Charles James called the...

The Federal Trade Commission has investigated the structure and competitiveness of the petroleum industry many times over the past 100 years. Some of the Commission's most intensive investigations were initiated in response to Congressional inquiries, most notably the enormously expensive and...

We are frequently asked how, during our recent tenure at the Federal Trade Commission, we came to create the National Do Not Call Registry, one of the most popular government actions ever under- taken. The answer lies in our search for an approach to regulate the exchange of consumer information...

In ignoring the facts of the Three Tenors case and the transactions costs of legal rulemaking, Professor Goldberg would unnecessarily complicate antitrust law to the detriment of consumers. Contrary to his assertions, the FTC's opinion does not favor ownership over contract. The parties could...

This article discusses a strategy for FTC competition policy and a positive agenda to implement the strategy. The antitrust laws and the pro-competition ethic they embody serve as an organizing principle in our country's economy. Antitrust plays a major role in shaping our markets, institutions,...