We show that loyalty discounts with buyer commitments create anticompetitive effects beyond those possible with pure exclusive dealing. The loyalty discount adds a seller commitment to maintain a distinction between the loyal and disloyal price. This seller commitment reduces the seller's...

Chicago School theorists have argued that tying cannot create anticompetitive effects because there is only a single monopoly profit. Some Harvard School theorists have argued that tying doctrine’s quasi-per se rule is misguided because tying cannot create anticompetitive effects without...

The U.S. Supreme Court has now decided 14 antitrust cases in a row in favor of the defendant. But this does not indicate an embrace of the conservative Chicago School over the moderate Harvard School.

In a recent review of <i>Global Competition Law and Economics</i>, a book I co-wrote with Damien Geradin, John Kallaugher raises some interesting questions about the very premises of the book. These questions seem worth addressing because they go well beyond an assessment of the book to raise...

Presenting what we need to reject not only the single monopoly profit theory but also a categorical rule of per se legality for either all ties or all ties without a substantial foreclosure share. Einer Elhauge, Harvard Law School

Given the proper framing, the right question to ask is: Does the Google Book settlement lower consumer welfare from what it would be without a settlement?

Why is our health care system so fragmented in the care it gives patients? Why is there little coordination amongst the many doctors who treat individual patients, who often even lack access to a common set of medical records? Why is fragmentation a problem even within a single hospital, where...

One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field’s most...