The New Brandeis School renews debate on two fundamental antitrust policy questions: 1) what source of wisdom or set of values should inform antitrust rules; and 2) what criterion should govern antitrust case adjudication. In our view, the Chicago School's answer to the first question was right;...

Under the leadership of Chief Justice John G. Roberts, Jr., the Supreme Court has demonstrated a willingness to cast aside the Court's prior antitrust decisions. The qualified per se rule applicable to tying surely will not survive much longer, but what else might be in store is more...

Professor Louis Kaplow capped off his series on the relevant market with a final essay in this the Antitrust Law Journal. His premise remains that relevant market is used only to help assess a firm's market power based on its market share. He claims: (1) “there exists no valid way to make...

The Obama Administration's Council of Economic Advisers expressed concern that competition was threatened by increasing industry concentration. Academics, commentators, and journalists have joined the chorus. But none demonstrated increasing concentration of meaningful markets, as are used in...

This essay examines the meaning of Section 2 of the Sherman Act, which prohibits monopolization, under the textualist guidance of Reading Law by the late Justice Scalia and Bryan Garner. This essay compiles the background material early decisions could have drawn upon and finds that to...

Eager to shed constraints imposed by Sherman Act precedent, New FTC Chair Lina M. Khan issued a statement declaring her intention to attack “unfair methods of competition even if they do not violate a separate antitrust statute.” She has sought to distance herself from the Sherman Act’s...

Recent claims of increasing economic concentration have helped make competition policy a political issue, but the cited evidence does not point to an upward trend in concentration at the market level—the level at which competition occurs. The modest upward trends in concentration observed for...

Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm. The FTC challenged several of Qualcomm’s patent licensing practices and sought to reduce the royalties it collected from makers of cellular devices. But the...

A merger retrospectives research agenda should be pursued. It should stress careful evaluation of agency assessments of the competitive effects of mergers in the hope of improving the accuracy of the enforcement process. But several inconvenient truths may prevent much from being learned, and...

Horizontal mergers give rise to unilateral anticompetitive effects if they cause the merged firm to act less intensely competitive than the merging firms, while non-merging rivals do not alter their competitive strategies. This chapter describes the economic theory underlying unilateral...