We have two conceptions of the relationship between antitrust and patent: in tension or complementary. In reality, both conceptions have an element of truth; the relationship is multidimensional. The relationship between antitrust law and patent law involves a series of trade-offs: How much...

Antitrust law is designed to deter and dismantle price-fixing cartels. The success of the antitrust regime depends on courts being able to recognize price fixing and to hold price fixers accountable. Unfortunately, federal courts often do not appreciate the mechanics of cartelization, which...

Antitrust law is the primary legal obstacle to price fixing, which is condemned by Section 1 of the Sherman Act. Firms that engage in price fixing may try to reduce their probability of antitrust liability in a number of ways. First, members of a price-fixing conspiracy go to great lengths to...

Definitions of “public interest” abound. One could make the case for antitrust law as public interest law using political or economic arguments. For some, one’s definition of the public interest reflects one’s political viewpoint. To avoid the risk of using a loaded description of public...

In Understanding Behavioral Antitrust, Professor Tor builds on his previous scholarship that explores how insights from behavioral economics can be used to improve antitrust jurisprudence. The Chicago School of law and economics revolutionized antitrust law. By applying insights from...

In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent consumers from being able to bring any claim in any forum. In American Express Co. v. Italian...