This paper discusses the economic issues involved in the government's case against Microsoft. In particular, we examine the competitive effects of Microsoft's contractual restrictions, including the bundling of its Internet browser with the Windows 98 operating system in agreements with computer...

This chapter analyzes the private rationale and the social costs and benefits of market foreclosure, here defined as a firm's restriction of output in one market through the use of market power in another market. The chapter first focuses on vertical foreclosure (in which full access to a...

Classical approaches to the law, even statutory law, teach that its purpose is to codify behavioral rules creating clear expectations about the consequences of human interactions. Stability and predictability are the rule of law’s hallmarks. The present essay explores those principles within...

We lay out a roadmap for how the legislator could create a framework of “sustainability corridors” that would allow to rely on the ancillary restraints doctrine to make antitrust law more accommodating of sustainability considerations. We show how this avoids the pitfalls of a multi-goals...

The Antitrust Marathon is a long-running series of roundtable discussions sponsored by the Institute for Consumer Antitrust Studies of Loyola University Chicago School of Law and the Competition Law Forum of the British Institute of International and Comparative Law, focusing on enduring issues...

A tying arrangement is a seller’s requirement that a customer may purchase its “tying” product only by taking its “tied” product. In a variable proportion tie the purchaser can vary the amount of the tied product. For example, a customer might purchase a single printer, but either a...

Using the overcharge estimates for 333 cartel episodes, we evaluate the impact of cartel characteristics and changes in the market and legal environment on the magnitude of overcharges imposed by private cartels in the US and other geographic markets as early as the 18th century. The median...

Using the overcharge estimates for 395 cartel episodes, we evaluate the impact of cartel characteristics on the size of overcharges imposed by cartels in different geographic markets and during six antitrust law regimes starting from the 18th century. We find that the average overcharge imposed...

Platform businesses that facilitate connections between different stakeholders play an increasingly prominent role in the economy. In 2018, the U.S. Supreme Court issued a seminal decision, Ohio et. al. v. American Express, on the analysis of antitrust issues involving these sorts of businesses....

We present a model of a market failure based on a requirement provision by digital platforms in the acquisition of personal information from users of other products/services. We establish the economic harm from the market failure and the requirement using traditional antitrust methodology....