Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

This symposium issue, guest edited by Tim Büthe and Umut Aydin, brings together eight papers exploring, from multiple different disciplinary perspectives, “success and limits” of competition law and policy under conditions where they might be considered "most unlikely to succeed" (as the...

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...

This article follows the evolution of thinking about competition since the passage of the Sherman Act in 1890 as reflected by major antitrust decisions and research in industrial organization. We divide the U.S. antitrust experience into five periods and discuss each period's legal trends and...

The conventional wisdom is that the FTC was the governmental equivalent of a leper colony prior to 1969, and its credibility and reputation were restored only by the adoption of the wise recommendations in the 1969 ABA Report. There is no question that the FTC deserves plenty of criticism for...

Behavioral economics (BE) examines the implications for decision-making when actors suffer from biases documented in the psychological literature. This article considers how such biases affect regulatory decisions. The article posits a simple model of a regulator who serves as an agent to a...

The challenges and questions surrounding the design of a competition system are part of an identifiable life cycle that characterizes the development of a competition agency. The core challenges are to set priorities and execute them, but there are various potential obstacles. This article looks...