Tacit collusion reduces welfare comparably to explicit collusion but remains mostly unaddressed by antitrust enforcement which greatly depends on evidence of explicit communication. We propose to target specific elements of firms' behavior that facilitate tacit collusion by providing...

This is a survey of the economic principles that underlie antitrust law and how those principles relate to competition policy. We address four core subject areas: market power, collusion, mergers between competitors, and monopolization. In each area, we select the most relevant portions of...

Recently there has been a notable increase in interest in antitrust law in much of the world. This chapter discusses antitrust policy toward horizontal mergers, the area of antitrust that has seen some of the most dramatic improvements in both economic tools and the application of economics in...

Several competition authorities consider the exemption of horizontal agreements among firms from antitrust liability if the agreements sufficiently promote public interest objectives such as sustainable consumption and production. We show that when consumers value sustainable products and firms...

The essay examines the genesis of the concept of the market, the conditions that must be met for it to be used in economic analysis, and the reasons why the concept is questionable. In order for the concept of market to play a significant and non-contradictory role in economic (and antitrust)...

In this paper we compare the access to an essential facility in two different property rights regimes. In the first, the owner of the facility has an unrestricted private property right on the essential facility. In the second, access is regulated according to the efficient component pricing...

This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a...

The essay examines the genesis of the concept of the market, the conditions that must be met for it to be used in economic analysis, and the reasons why the concept is questionable. In order for the concept of market to play a significant and non-contradictory role in economic (and antitrust)...

Neil Averitt and Robert Lande have for some time been writing about consumer choice as a new paradigm for antitrust. In this comment, I both praise and extend the consumer choice paradigm and provide concrete examples of both cutting edge and familiar antitrust issues where consumer choice can...

The U.S. health care system is organized around markets. There has, however, been ongoing concern about the functioning of these markets, so much so that some have despaired of these markets working at all. The policy response to this concern has been disjointed. Health care markets are subject...