Public choice scholars have claimed that antitrust, like all forms of regulation, is not about advancing the public good, but is instead about advancing private interests that have special influence on legislative and administrative processes. This article, published in 1999, uses the Microsoft...

This article, published in 1987, responds to John Shepard Wiley, A Capture Theory of Antitrust Federalism, 99 Harv. L. Rev. 713 (1986). In an earlier article, I argued that the "clear articulation" requirement is the best criterion for "state action" antitrust immunity because it reinforces...