It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including...

In the midst of a failing economy, the incoming Obama administration will not likely adopt its predecessor's antitrust policies. So if change is afoot, what form should change take? This essay outlines the needed transformative change in today's competition policy. The essay proposes more...

Today's competition advocacy censures governmental restraints that diminish competition. But such advocacy glosses over four fundamental questions: First, what is competition? Second, what are the goals of a competition policy? Third, how does one achieve, if one can, the objectives of such...

With the rise of the super-platforms, we tend to look down (on their effect on consumers) rather than up (their effect on sellers and upstream providers). In looking down it seems like Google, Amazon and Facebook are using their power in the marketplace to deliver great value to us — wrestling...

With the rise of a progressive antitrust movement, the power of Google, Apple, Facebook, and Amazon is now topical. This article explores some of the potential harms from data-opolies. Data-opolies, in contrast to the earlier monopolies, are unlikely to exercise their power by charging higher...

This paper addresses some of the likely challenges that the DOJ would face should it seek to terminate the ASCAP and BMI consent decrees. In Part I, we provide some background on ASCAP and BMI, the consent decrees, and market structure. In Part II, we discuss how these two decrees have become an...

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price...

Alongside the consideration of price, competition authorities recognize that quality can be as, if not more, important in some markets. But as competition authorities also recognize, identifying the dimensions of competition important to many consumers is difficult. Even when these dimensions of...

In contrast to the European Commission, the U.S. Department of Justice and Federal Trade Commission have not meaningfully prosecuted monopolistic abuses over the past 16 years. The U.S. Supreme Court's view on monopolies has also become forgiving. There is no empirical support that...

In the future, one may imagine a new breed of antitrust humor. Jokes might start along the following lines: “Two Artificial Neural Network and one Nash equilibrium meet in an online (pub) hub. After a few milliseconds, a unique silent friendship is formed…” Back to the present; we are not...