Antitrust populists increasingly call on the government to “break up big tech.” But antitrust enforcers would face heavy evidentiary burdens if they sought to break a company up on the premise that a long-consummated merger was unlawful from the outset and should have been blocked years ago....

In this article we examine exclusionary coalitions: groups of suppliers and customers that work collectively to keep out rivals and share in the resulting benefits. We offer a typology of horizontal and vertical coalitions, which we connect to economic theories about how exclusion is...

Google Search and its algorithm have been subject to intense antitrust scrutiny from competition authorities both in the United States and around the world. Google's introduction of Universal Search in 2007 integrated specialized search results within a narrow category (for example, shopping or...

As technology and interconnectivity have continued to flourish, so too has an important and complex form of enterprise: the platform. Services like Uber, Google Search, Hulu, and American Express cater to distinct but deeply-interdependent “sides” of customers that derive value or revenues...

Competition policy is there to promote competition in order to lower prices and enhance economic efficiency. It does so by challenging business conduct deemed anticompetitive. The purpose of this essay is to address two questions. First: Does competition policy really promote competition?...

The revised EU Directive on payment services in the internal market (PSD2) entered into application on 13 January 2018. The PSD2 introduces a sector-specific data portability rule dubbed access to account, or XS2A. Under the PSD2, specific categories of third parties (“Fintechs”) are allowed...

On 9 June 2017, the 9th Amendment to the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen) entered into force. It transposes the EU Directive on Antitrust Damages Actions into German law. Yet, the German legislator also took the opportunity to implement some additional changes....

In this essay we evaluate the impact of the revolution that has occurred in antitrust and in particular the growing role played by economic analysis. Section II describes exactly what we think that revolution was. There were actually two revolutions. The first was the use by economists and other...

Bargaining is all around us. Bargaining is how prices are set across a range of economic activities such as between licensors and licensees of intellectual property, employees and employers, content providers and distributors, health insurers and hospitals, and in many intermediate product...

This paper evaluates the recent literature claiming that the US economy has generally become less competitive causing the US economy to perform poorly and that lax antitrust policy is one important reason for the decline in economic performance. Although there certainly are empirical facts...