Should the FTC have allowed Zillow to acquire its foremost rival, Trulia? It is increasingly well-accepted that digital platforms tend toward dominance in their immediately adjacent relevant-product markets. Google, for example, has long held a majority share of the markets for general-search...

The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating “procompetitive” effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their...

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...

A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...

This paper examines the ideas behind competition law in New Zealand and offers a critical assessment of its practice. It is a policy paper aimed at lawyers and legal scholars. While the paper focuses on the NZ Commerce Act, it has general applicability. The purpose of competition law in New...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

This paper attempts to reconcile the goals of competition and equality within antitrust, and in doing so, suggests that this task can be seen to correspond to the efforts that John Rawls made to reconcile liberalism and equality within his principles of justice. Applying a Rawlsian analysis to...

Amazon got its start in 1994 when a relatively young Jeff Bezos moved to Seattle and launched Amazon.com from a corner in his garage. For years the site was nothing more than an online boutique bookstore. But Amazon bet big that online shopping would one day be just as popular as shopping in...

If the Supreme Court's recent decision in Apple v. Pepper had hewed to the precedent established by Ohio v. American Express it would have begun its antitrust inquiry with the observation that the relevant market for the provision of app services is an integrated one, in which the overall effect...

The IEEE-SA updated patent policy and the Business Review Letter issued by the US DoJ have caused much discussion in the US (Sidak, 2015). The purpose of this paper is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate setting policies...