This paper offers an opportunity to reflect on Frank Easterbrook’s seminal work on the Limits of Antitrust and to discuss its particular relevance to the problem of antitrust enforcement in the face of innovation. The error-cost framework in antitrust originates with Easterbrook’s analysis,...

Harold Demsetz once claimed that 'economics has no antitrust relevant theory of competition.' Demsetz offered this provocative statement as an introduction to an economic concept with critical implications for the antitrust enterprise: the multi-dimensional nature of competition. Competition...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

Standards, common platforms allowing products to work together, are ubiquitous in our economy. But imagine that a company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says it was just kidding as it seeks to block the product or...

This Comment is submitted in relation to the Federal Trade Commission's (“FTC”) Hearings on Competition and Consumer Protection in the 21st Century. We submit this Comment based upon our extensive experience and expertise in antitrust law and economics. As an organization committed to...

This slide deck reviews the extant empirical literature on common ownership concentration on firm behavior, innovation, and product market outcomes, as presented at the FTC hearings on common ownership and competition in December 2018. It is primarily based on this literature review:...

In my testimony to the Senate Judiciary Committee, I explained the benefits of legislation addressing anticompetitive conduct that brand-name drug companies have employed: sample denials, pay-for-delay settlements, citizen petitions, product hopping, and patent thickets. By increasing generic...

This paper discusses the effects of horizontal mergers on innovation. We rely on the existing academic literature and our own research work to present the various positive and negative effects of mergers on innovation. Our analysis shows that the overall impact of a merger on innovation may be...

Recent merger decisions by competition authorities have revived the debate on the relationship between competition and innovation. This article reviews this issue by drawing on the relevant economic literature, and by placing it in the broader policy debate on the benefits of competitive...