In this paper, we describe the development and current status of anti-manipulation rules as they apply to wholesale electricity and natural gas markets in the United States and the European Union, including the institutions that are responsible for overseeing these rules. We then compare 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...

The Federal Communications Commission and the U.S. Department of Justice, in the course of considering mergers and acquisitions as well as other policy matters, have conducted detailed investigations of the wired broadband business, and the intertwined business of providing linear programming....

The price-squeeze doctrine, and the discussion of up to what extent can a dominant firm discipline its rivals by means of pricing policies has lead to a wide divergence of antitrust enforcement and consequent liability rules across the Atlantic, and even between US' agencies – the Department...

This testimony makes three main points. First, inheritances tend to exacerbate existing economic disparities and may be the most important barrier to intergenerational economic mobility. These tendencies are most pronounced at the top of the income distribution. While inherited income is...

After two years of litigation, the Department of Justice (DOJ) and the 19 states suing Microsoft have proposed draconian remedies (Plaintiffs Proposed Final Judgment 2000, hereafter, PPFJ) to address the violations of the Sherman Act found by Judge Thomas Penfield Jackson (Conclusions of Law...

Regulatory theorists have engaged in an interesting debate over the merits of “collaborative governance.” The term refers to those governance approaches in which regulators, industry and other stakeholders work together on drafting and enforcing rules. Proponents of collaborative governance...

The State Action Doctrine exempts anti-competitive conduct from the United States antitrust laws, under certain conditions. This paper discusses the exemption, particularly its limits, from the perspective of its historical and Constitutional background. It demonstrates that this doctrine does...

Although recent international broadband penetration rankings have Congress concerned about U.S. broadband policy, these statistics should not play a large role in forming U.S. broadband policy, as they fail to take into account geographic factors, demographic factors and consumer preferences...

Are U.S. digital markets advancing, or threatening, the American economy? There is keen interest in the answer to this question. Sweeping changes have disrupted society courtesy of the Information Revolution, presenting great opportunities in radically transformed economic markets but also great...