This Article challenges the overwhelming scholarly consensus opposing baseball’s historic antitrust exemption on policy grounds by providing the first comprehensive defense of the exemption. The Article does so by advancing two primary arguments: first, it argues that the common criticisms of...

Conventional wisdom presumes that a supplier in a monopolistic market, or in an oligopolistic market that is not perfectly competitive, has the power to charge a supra-competitive wholesale price. In contrast, elaborating on recent economics studies, this Article shows that the supplier of an...

Antitrust risks arise in common intellectual property transactions. This article reviews the general principles in the antitrust analysis of transactions involving the licensing of intellectual property rights, and applies those principles in the context of practical counseling

This article is adapted for the Journal of Internet Law from a more in-depth article that the author has published: Resale Price Maintenance: The Internet Phenomenon and Free Rider Issues, 55 Antitrust Bulletin 473 (2010). It examines the characteristics of the Internet, online retailing, and...

The following is a compilation of book reviews and notices of notable books I have prepared over the past two years as U.S. Book Review editor for the World Competition Law & Economics Review and/or for the web site for the Institute for Consumer Antitrust Studies at Loyola University Chicago....

The ongoing debate about possible implementation of regulatory rules requiring ‘‘network neutrality’’ for wireless telecommunications services is inherently about whether to impose prohibitions on the ability of network operators to control their vertical relationships. Antitrust...

Resale price maintenance need not be economically justified by the prevention of free-riding. Consistent with business realities, point-of-sale retailer promotional efforts often have a significant effect on consumer demand for a manufacturer’s products; and manufacturers often use resale...

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 paper explores what factors influence an effectiveness of antimonopoly policy in transition economies on a local (territorial) level. The empirical evidence on national level suggests that an effective implementation of antimonopoly policy depends mostly on a number of macroeconomic factors....

The prohibition of certain types of anticompetitive unilateral conduct by firms possessing a substantial degree of market power is a cornerstone of competition law regimes worldwide. Yet notwithstanding the social costs of monopoly modern legal regimes refrain from prohibiting it outright....