We suggest that consumer welfare is the appropriate standard for antitrust analysis across an array of industries. Unlike critiques that treat consumer welfare as a caricature within a simplistic early-1970s framework of “Chicago School” economics, we suggest that consumer welfare, as...

While price-fixing cartel prosecutions have received significant attention, the policy determinants and the political preferences that guide such antitrust prosecutions remain understudied. We empirically examine the intertemporal shifts in U.S. antitrust cartel prosecutions during the period...

While price-fixing cartel prosecutions have received significant attention, the policy determinants and the political preferences that guide such antitrust prosecutions remain understudied. We empirically examine the intertemporal shifts in U.S. antitrust cartel prosecutions during the period...

While price-fixing cartel prosecutions have received significant attention, the policy determinants and the political preferences that guide such antitrust prosecutions remain understudied. We empirically examine the intertemporal shifts in U.S. antitrust cartel prosecutions during the period...

Effective antitrust relies on its institutions. We offer a brief retrospective of sudden and significant change at one of the antitrust institutions in the United States – the Federal Trade Commission (FTC) under the Biden administration. Changes under Chair Lina Khan have been more dramatic...

The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law’s interplay with government. This...

The appropriate role of merger efficiencies remains unresolved in US antitrust law and policy. The Patient Protection and Affordable Care Act (ACA) has led to a significant shift in health care delivery. The ACA promises that increased integration and a shift from quantity of performance through...

Antitrust compliance scholarship, particularly with a focus on collusion, has been an area of study for some time. Changes in technology and the rise of artificial intelligence (AI) and machine-learning create new possibilities both for anti-competitive behavior and to aid in detection of such...

Consolidation via merger both from hospital-to-hospital mergers and from hospital acquisitions of physician groups is changing the competitive landscape of the provision of health care delivery in the United States. This Article undertakes a legal and economic examination of a recent Ninth...

This Essay provides an overview of U.S. antitrust merger practice in addressing efficiencies both in terms of actual practice before the agencies and in scholarly work as a response to Jamie Henikoff Moffitt's Vanderbilt Law Review article Merging in the Shadow of the Law: The Case for...