Justice Gorsuch began the oral argument in Ohio v. American Express with pointed questions on consumer welfare, output, and deadweight loss. Justice Breyer began his dissent with a spirited defense of the “American approach” to using antitrust litigation, rather than government regulation,...

This White Paper analyzes the proposed “No Oil Producing and Exporting Cartels Act of 2019” (NOPEC). This legislation, which has been introduced in the United States Senate and House of Representatives, addresses the antitrust issues involved in allowing the Department of Justice to sue the...

Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most often on optimal deterrence and effectiveness. Generally lost in conversation is the basic idea that antitrust violations cause economic harm, and that those victimized by that harm...