The certifications of the first two opt-out collective (class) actions - Gibson v. Pride Mobility Scooter and Merricks v MasterCard - were dismissed by the Competition Appeal Tribunal (CAT) under the new UK competition law ‘class action' regime. Here a critical assessment of the CAT's two...

Government enforcement against collusion, now viewed by the Supreme Court as the “supreme evil” in antitrust, has gone through various phases of enforcement in the United States. There have been periods in which cartels have been able to collude more or less effectively given various...

The English courts in Sainsbury's v. MasterCard and Morrisons v. MasterCard came to opposite conclusions on the illegality of MasterCard's multilateral interchange fees (MIFs). While both courts posited bilateral counterfactuals, the Competition Appeal Tribunal (CAT) in Sainsbury's held that...

Sainsbury's v. MasterCard establishes the pass-on “defence” in English/UK law. The Competition Appeal Tribunal set out a two-part test which it erroneously distinguished from the economists' notion of pass-on. It then went on the develop key elements of legal test for pass-on in price fixing...

Online markets have changed as a result of people shifting massively from using personal computers and browsers to using technologically powerful mobile devices and apps. These changes cover leading online players, consumer behavior, and products. The use of smartphones and mobile apps, and the...

The unprecedented access of firms to consumer level data not only facilitates more precisely targeted individual pricing but also alters firms' strategic incentives. We show that exclusive access to a list of consumers can provide incentives for a firm to endogenously assume the price leader's...

I analyze cliff discounts when an incumbent monopolist faces competition from a competitor that can compete for a portion (but not all) of the market, and compare them with both simple pricing and pricing formulas in which the incumbent can cut prices just in the competitive portion of the...

The debate over information privacy in the last decade has been dominated by unscientific survey data and lurid anecdotal data, making it difficult to determine if there really is a privacy crisis and, if so, what public policy choices would most effectively mitigate it without introducing...

Our food supply rests on a foundation of agricultural seed. As the world races to meet soaring food demand, the development and control of this fundamental genetic resource will be of critical concern to the entire human community. Seed, once treated as a shared public good and natural resource,...

The amino-acid lysine cartel was a watershed even in antitrust enforcement. It was the first global price-fixing conspiracy to be convicted by U.S. or EU antitrust authorities in 40 years. This paper presents an updated narrative of the history of the global lysine cartel and the legal...