Blockchain may transform transactions the same way the Internet altered the dissemination and nature of information. If that were to be the case, all relationships between companies would change, including prohibited ones such as collusive agreements. For that reason, the stakes are crucial and...

In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong...

Complexity science is widely used across the policy spectrum but not in antitrust. This is unfortunate. Complexity science enables a rich understanding of competition beyond the simplistic descriptions of markets and firms proposed by neoclassical models and their contemporary neo-Brandeisian...

Antitrust law has long been mindful of the danger that firms may misuse their patents to facilitate price fixing. Courts and commentators addressing this danger have assumed that patent-facilitated price fixing occurs in a single market. In this Article, we extend conventional analysis to...

Multiemployer collective bargaining relationships between unions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers’ employees, the employers have much to gain from banding together as an association,...

This thesis studies the impact, determinants, organization, internal dynamics and characteristics of Dutch cartels during a period in which most cartels were legal. We concentrate on the legal-cartel era defined as the period 1935–1998 wherein the Dutch legislation was cartel friendly. The...

We explain why competing firms form collective entities to buy patents from other entities, particularly from non-producing entities (NPEs), and follow a catch and release patent strategy. We show why competitors bidding as a single unit is better than competitors bidding against each other and...

The amino-acid lysine cartel was a watershed even in antitrust enforcement. It was the first global price-fixing conspiracy to be convicted by U.S. or EU antitrust authorities in 40 years. This paper presents an updated narrative of the history of the global lysine cartel and the legal...

This chapter sets out the principles and emerging practice governing cartel damages in the EU and UK. It identifies the types of damages available; the issue surrounding causation, pass-on, volume effects, and mitigation; and the methods that have been be used to estimate overcharges, volume...

This paper presents an updated narrative of the history of the global lysine cartel and the legal consequences for its members in the United States. The story focuses especially upon the role of economists in calculating the size of overcharges and how the estimates can affect the decisions of...