The information age is replacing the Invisible Hand with an algorithmic hand. Where once markets were governed by uniform prices determined for large groups of anonymous consumers by impersonal forces of supply and demand, today there is increasingly no such thing as a market price. Instead,...

Concentration has increased since the 1980s in a variety of industries. Price-cost margins have also increased over this period. These developments have raised concern about weakened competition and resulting harm to consumers. Calls for tougher antitrust enforcement have become louder. Many...

The paper reviews the different legal tools to regulate the personalised pricing and provide some policy recommendations in that regard. Section 1 provides a definition of the personalsied prices and analyses to which extend firms are currently personalising their practices. Section 2 deals with...

The advance of the information age will allow firms to engage in personalized pricing, a form of price discrimination that is profitable for firms, but unambiguously harmful to consumers. Antitrust can protect consumers from personalized pricing—also called perfect price discrimination—by...

Issues of “unfair” or excessive pricing traverse a number of potential abuses under Article 102 TFEU. Many refusal to deal cases involve situations in which a dominant firm insists on access terms that are uneconomic. Margin squeeze cases can also involve a wholesale price that is excessive...

An important issue in many antitrust lawsuits involving professional sports leagues and their member teams is the extent to which franchises within the same, and across different, professional sports leagues compete with one another for fans and advertisers. Complicating the issue is the fact...

Under US federal antitrust law, predatory pricing requires both pricing below cost as well as a reasonable prospect of recoupment on investment. Recent changes in Canadian law have moved away from the recoupment test and this article critically examines the rationale and wisdom of such...

In a 5-4 antitrust decision in Leegin, the Supreme Court in 2007 overruled the nearly century-old precedent of Dr. Miles to end per se condemnation of minimum resale price maintenance (RPM) in favor of a rule of reason analysis. This decision places the United States at odds with the European...

In this comprehensive review of ex-post merger studies price effects of horizontal transactions are evaluated. By combining and further analyzing the results of 52 retrospective studies on 82 mergers or merger-like transactions it can be shown that the industry alone is no strong indication for...

This paper expands on an idea recently voiced by neo-Brandeisians and formally modelled by economists in the past two decades – namely, that the Chicago School’s arguments for the harmless and efficiency generating nature of vertical integration do not apply on zero-priced monetized markets....