One of the most interesting and challenging phenomena of our information age is the rapid and significant change that takes place in high-technology industries. This change is shaking some of our assumptions regarding the role of technology (e.g., endogenous or exogenous), productions methods...

The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of so-called gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...

The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of socalled gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...

Growing concern about large digital platform companies, particularly Google, Facebook, Amazon, and Apple, exercising monopoly power has given rise to antitrust investigations that examine whether they are guilty of exclusionary practices. After defending the consumer welfare standard as the...

Severe limitations on antitrust enforcement officials' knowledge and the potential impact of ill-advised investigations and prosecutions on markets suggest that officials should exercise extraordinary caution in enforcement of restraints on single-firm conduct. Although it is common to depict...

Big Tech is in the news. At the center of our political and economic dialogue is the effect that Amazon, Apple, Facebook, and Google have on our lives and what, if anything, governments should do about it. In this short piece, I explain how Big Tech has come under scrutiny, the antitrust...

The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought by plaintiffs in situations where a monopolist controls a critical input (or “essential facility”) and unilaterally refuses to sell access to rivals. Courts have...

Policymakers across the political spectrum are debating the virtue of the application of antitrust law to the technology sector. Some are proposing radical reshaping of federal antitrust law that would expand federal control over the economy. Others appear to want to use antitrust as a way to...

In the 21st century, voter choice and the broader political debate are within the reach of those that can access and channel the vast streams of user data that are generated online. The role of personal user data in digital markets, as well as the use that digital platforms make of that data in...

Remedies often get overlooked in discussions of antitrust litigation, treated almost as an afterthought. When remedies have been part of the antitrust debate the focus has often been on an after-the-fact assessment of their effectiveness, or on the general question whether there should be a...