The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when considering policy initiatives,...

This paper modifies the optimal penalty analysis by incorporating investment incentives with external benefits. In the models examined, the recommendation that the optimal penalty should internalize the marginal social harm is no longer valid as a general rule. We focus on antitrust...

In the course of damning the market giant Standard Oil, the Supreme Court declared that the purpose of the Sherman Antitrust Act is to prevent monopoly and the acts which produce the same result as monopoly. The Constitution's Supremacy Clause, in turn, requires preemption - that is,...

We compare the short-run welfare effects of two types of settlement agreements, quot;reverse paymentsquot; of the brand-name drug makers to generic producers not to enter the market and delayed entry when these payments are restricted both under the entry injunction (imposed by the Hatch-Waxman...

Antitrust populists increasingly call on the government to “break up big tech.” But antitrust enforcers would face heavy evidentiary burdens if they sought to break a company up on the premise that a long-consummated merger was unlawful from the outset and should have been blocked years ago....

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,...

This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible...

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...

The generic industry lobby, Association for Accessible Medicines (“AAM”), often represents the public interest. In the pharmaceutical industry, it challenges brand drug companies' anti-competitive conduct. It fights for lower prices for consumers. And it has built up goodwill for its work in...

On 26 March 2018, news broke that the global ride-hailing giant Uber agreed to sell its Southeast Asian operations to its local competitor Grab. Four days later, a CoRe Blog post put forward a first assessment of the potentially anti-competitive consequences of the merger as well as the related...