There are very few industries that can attract the attention of Congress, multiple federal and state agencies, consumer groups, economists, antitrust lawyers, the business community, farmers, ranchers, and academics as the agriculture workshops have. Of course, with intense interest from...

This paper offers an opportunity to reflect on Frank Easterbrook’s seminal work on the Limits of Antitrust and to discuss its particular relevance to the problem of antitrust enforcement in the face of innovation. The error-cost framework in antitrust originates with Easterbrook’s analysis,...

This comment was filed with the Department of Justice Antitrust Division on December 31, 2009, as "Comments Regarding Agriculture and Antitrust Enforcement Issues in Our 21st Century Economy" in response to the DOJ/USDA request for public comments for the agencies' joint workshops on antitrust...

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...

The Federal Trade Commission recently voted unanimously to close its antitrust investigation into Google’s search practices after concluding that the firm’s practice of favoring its own content in its search results did not violate U.S. antitrust laws. The agency determined that, although...

The FTC completed its antitrust investigation of Google in 2013 and, finding no evidence of antitrust violations, decided not to bring an enforcement action against the company. Although the FTC has concluded its investigation, Google’s competitors and critics, unhappy with the outcome,...

With the recent rejection of the last holdout state's objections to the federal settlement in Microsoft IV, the last shoe appears to have dropped in this mammoth litigation. After all the dust had settled, Microsoft had essentially written its own remedy, albeit under considerable pressure. This...

Online advertising is what funds free online content. Since its birth in the 1990’s, it has evolved into a multi-billion-dollar industry. At the core of this industry lies the ability to identify and track users through various technical means, such as web cookies. Online tracking for...

Antitrust enforcement efforts both in Europe and the United States have recently increased in number of actions taken and the amount of fines imposed in high-tech industries. Recent decisions in this field have rekindled in-depth and largely unresolved debates concerning the appropriate role of...

Western legal systems have historically helped establish trust between parties and reduce transactional uncertainty by providing recourse to legal procedures. Nonetheless, establishing trust still imposes significant transactional costs and blockchain may reduce them to a smaller level. In the...