As a result of the program of social, political, and economic reforms called doi moi" (meaning renovation) implemented by the Communist Party in 1986, market forces have been allowed to operate in Vietnam subject to state supervision. The centerpiece of doi moi has been to attract foreign...

There remains a broad conflict over the direction of future progress in international competition law. This conflict is exemplified by the very different tone and recommendation of expert commentators such as Judge Diane Wood and Eleanor Fox. This conflict is generally portrayed as a dichotomous...

Neil Averitt and Robert Lande have for some time been writing about consumer choice as a new paradigm for antitrust. In this comment, I both praise and extend the consumer choice paradigm and provide concrete examples of both cutting edge and familiar antitrust issues where consumer choice can...

In this comment arising out of a 2005 conference at the University of Western Ontario on the growth of competition class actions, I discuss the American experience in this area. I first respond to two excellent papers from Professors Robert Klonoff and William Page on different aspects of the...

Antitrust began with the common law tort of restraint of trade but has long since separated itself from the rest of tort law, particularly in the area of punishment. Since the passage of the Sherman Act in 1890, the principal remedies for antitrust violations have been criminal penalties and...

One of the most interesting and challenging phenomena of our information age is the rapid and significant change that takes place in high-technology industries. This change is shaking some of our assumptions regarding the role of technology (e.g., endogenous or exogenous), productions methods...

The U.S. trade laws provide domestic firms with remedies against foreign firms which employ unfair trade practices. A party can initiate an antidumping or countervailing duty proceeding simply by filing a petition alleging that it has been injured by foreign competition. Normally, petitions for...

The Soviet Union dissolved on December 26, 1991. This accelerated a trend toward both the development of market economies and competition law to protect those economies. No one could have predicted that within twenty years most of the world’s trading economies would have adopted recognizable...

The economist Joseph Schumpeter recognized two essential facts of modern capitalism: the sudden displacement of the old by the new, a process he eloquently termed “creative destruction”; and the significance of innovation over incremental improvements in allocative efficiency to long-run...

Antitrust has been impoverished as a discipline by systematically devaluing business discourse in favor of a nearly exclusive reliance on one form of economics as its guiding discipline. I have previously discussed elsewhere the historical reasons why antitrust has ignored the theories that...