This paper presents a simple theoretical model of the effects of airline code sharing and antitrust immunity between noncompeting carriers. When carriers without a code sharing agreement or immunized alliance price a route, a double marginalization problem arises. Immunized alliances internalize...

The empirical assessment of market power using conduct parameter models has the weaknesses of lacking proper grounding in oligopoly theory and typically producing inconsistent supply-side estimates. This paper develops an alternative framework for evaluating market power with a freely estimated...

This article takes stock of the regulatory convergence between US antitrust law and EU competition law in the field of international air transport. The analysis draws a distinction between domestic aviation and international aviation and sets the boundaries of regulatory convergence in...

While several studies have examined the effects of cartels, in few instances is data available that allows us to examine post-cartel behavior. In this paper, I use data on inter-island airfares to examine the effects of an antitrust immunity agreement that allowed two airlines to coordinate...

The Department of Justice alleged American Airlines violated section 2 of the Sherman Act when it added substantial capacity to four routes after smaller rivals had entered. The case raised interesting issues relating to mechanism through which the capacity additions could have excluded...

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...

This Article examines the compatibility of Western antitrust models as incorporated in China’s first comprehensive antitrust law – the Antimonopoly Law (“AML”) – with China’s local conditions. It identifies three forces that shape competition law and policy in China: China’s...

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...

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with...

The 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is “applicable to the business of insurance [only] to the extent that such business is not regulated by State law.” The statute was enacted after United States v. South Eastern...