The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating “procompetitive” effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their...

Should the FTC have allowed Zillow to acquire its foremost rival, Trulia? It is increasingly well-accepted that digital platforms tend toward dominance in their immediately adjacent relevant-product markets. Google, for example, has long held a majority share of the markets for general-search...

In a review of recent antitrust measures undertaken by the Biden Administration, this paper observes that antitrust theory and policy remains one decade behind in preempting and preventing the many harms from consolidation in healthcare markets. A version of of this article was delivered in...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

This paper analyses how governments can introduce more competition in the pharmaceutical sector. Considering it involves harmonizing issues such as incentives to innovate and perform research and development (R&D), Intellectual Property (IP) rights, healthcare policy and public budget concerns,...

Amazon got its start in 1994 when a relatively young Jeff Bezos moved to Seattle and launched Amazon.com from a corner in his garage. For years the site was nothing more than an online boutique bookstore. But Amazon bet big that online shopping would one day be just as popular as shopping in...

This paper attempts to reconcile the goals of competition and equality within antitrust, and in doing so, suggests that this task can be seen to correspond to the efforts that John Rawls made to reconcile liberalism and equality within his principles of justice. Applying a Rawlsian analysis to...

Buyer power effects in competition law remain a relatively unexplored area of the literature and practice. Even more scarce are concentration cases—instances in which the ability of a buyer to decrease the prices it pays for a good by withholding demand or through bargaining tactics play a...

A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...

If the Supreme Court's recent decision in Apple v. Pepper had hewed to the precedent established by Ohio v. American Express it would have begun its antitrust inquiry with the observation that the relevant market for the provision of app services is an integrated one, in which the overall effect...