This paper provides an economic analysis of recent vertical and horizontal mergers in the U.S. industry for audiovisual media content, including the AT&T-Time Warner and the Disney-Fox mergers. Using a theory-driven approach, we examine economic effects of these types of mergers on market...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...

Critics from both the right and the left claim that modern antitrust doctrine, rooted in consumer welfare, is inadequate to handle the challenges of the twenty-first century economy. They express nostalgia for 1960s antitrust, when the field had no clear objectives and cases were decided on...

The election of the new democratic administration in the United States in November 2008 was overwhelmingly greeted in Europe as an opportunity to reinforce transatlantic cooperation and convergence in competition law and policy. This study evaluates the plausibility of greater convergence...

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...

This paper looks at how EU and U.S. competition laws deal with restrictions of online sales in distribution agreements, respectively. The growing importance of online commerce highlights how vertical competition law enforcement is still an important building block of competition law policies,...

EU authorities increasingly take antitrust and data protection enforcement action against US internet companies. While many believe in digital protectionism, this paper looks at the foundations of data protection and antitrust policies across the Atlantic to propose an alternative explanation...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in...

Criminal cartel cases in the U.S. are at modern lows, spurring questions as to whether the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) and the Antitrust Division's criminal enforcement program continue to be effective and, if not, why not? In this Chapter, we offer...