On Friday, April 11th, 2008, the second leg of the Antitrust Marathon took place. A number of antitrust practitioners and scholars from Europe and North America met at the Competition Appeal Tribunal in London to discuss the comparative state of monopolization law. This meeting, co-sponsored by...

In the past few years, courts and the Department of Justice have cited approvingly the Court's dicta in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP. This article analyzes why the economic thinking in Trinko is wrong, and how the Court ignores its precedent involving the...

A general definition of exclusionary conduct has become a sort of Holy Grail for antitrust scholars. At present, four proposed definitions appear most promising: (1) conduct that could exclude an equally efficient rival; (2) conduct that raises rivals' costs unjustifiably; (3) conduct that, on...

Ever since the Eleventh Circuit first articulated its scope-of-the-patent test, the debate about reverse payment settlements has been strident and polarized. In effect, each side of that disagreement has urged that these settlements presumptively are either legal or illegal. In fact, however,...

Many online businesses, including most of the largest platforms, seek and provide attention. These online attention rivals provide products and features to obtain the attention of consumers and sell some of that attention, through other products and services, to merchants, developers and others...

“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of...

When small liberal arts colleges, particularly those in the Northeastern United States, abolish fraternities and sororities, they may be violating the antitrust laws. Additionally, by removing what may be the only viable competitor for room and board services for students in the small towns that...

Royalty stacking, the most recent incarnation of the complements problem identified in the early 1800s by French engineer Augustine Cournot, has received considerable attention. The potential for royalty stacking within standard setting efforts arises from the fact that downstream manufacturing...

Standard-setting activities, which aim to achieve device interoperability and product compatibility, play a fundamental role in fostering innovation and competition in a variety of markets. Such activities, typically carried out by armies of engineers, would generally not be expected to...

The development of sound regulatory regimes, including institutions, norms and processes, is critical to ensure the effective and sustainable delivery of infrastructure services, promote private participation in such services, and facilitate workable competition in such services. In order to...