Something old and important is lost sight of in a case like Ohio v. American Express, the Supreme Court's recent adoption of "platform" or "two-sided market" theory in American antitrust, and in theoretical efforts like the one on which it is based. A rarely discussed idea built in to American...

We study empirically the price effects of upstream cartels that sell through downstream retailers to final consumers. We focus on a German coffee producer cartel that colluded under two different regimes: (i) involving wholesale prices in 2003 and (ii) with additional resale price maintenance...

Antitrust is back in vogue at the U.S. Supreme Court. Whereas the Rehnquist Court decided few antitrust cases in its latter years (only one from 1993 to 1995, one each year from 1996 through 1999, and none from 2000 to 2003), the Roberts Court issued seven antitrust decisions in its first two...

Has the antitrust arsenal run out of novel theories or weapons? Think again. Recent scholarship has come to challenge conventional wisdom with the latest target of antitrust imagination being institutional investors, including diversified index funds. New economic research suggests that common...

Recent empirical studies demonstrate the significant extent to which a small number of well-known institutional investors have taken on large ownership interests in the majority of large U.S. public companies, including large ownership interests in horizontal competitors. The response to these...

In dozens of cases each year alleging horizontal price fixing and other per se violations of Section 1 of the Sherman Act, the central issue is whether the defendants ever formed an agreement. One source of uncertainty in resolving this issue in litigation is the meaning of “tacit...

This article presents eight critical points that can aid the ongoing and early development of antitrust policy relating to common ownership. These points touch on some of the most salient issues concerning the relationship between common ownership and competitive harm and have important...

A bundled discount occurs when a seller charges less for a bundle of goods than for its components when sold separately. A characteristic of such discounting is that a rival who makes only one of the products in the bundle may have to give a larger per item discount in order to compensate the...

This Article addresses an important question in modern antitrust: when large investment funds have holdings across an industry, is competition depressed?The question of the impact of common ownership on competition has gained much attention as the role of institutional shareholding has grown,...

Anti-trust infringers are liable jointly and severally, i.e., any offender may be sued and forced to compensate a victim on behalf of all. EU law then grants the singled-out firm a right to internal redress: all infringers are obliged to contribute in proportion to their relative responsibility...