Should the FTC have allowed Zillow to acquire its foremost rival, Trulia? It is increasingly well-accepted that digital platforms tend toward dominance in their immediately adjacent relevant-product markets. Google, for example, has long held a majority share of the markets for general-search...

Research findings have established a relationship between organizational size and a substantial set of organizational outcomes, resulting in size's distinction as “perhaps the most powerful explanatory organizational covariate in strategic analysis”. We draw on the theory of the firm to...

This paper analyses the role of the European Commission in taking cases of abuse of dominance in the telecommunications sector since its liberalisation in 1998. The argument is that the Commission has played a very active antitrust role, in particular at the beginning of the liberalisation, and...

This paper evaluates the effect on competition of adopting the FTC's product hopping theory as an antitrust doctrine. The paper criticizes the theory and explains why it would be a mistake to adopt it as a guide to antitrust liability

In Illinois Brick Co. v. Illinois, the Supreme Court adopted a per se ban on private, treble damage antitrust suits by “indirect purchasers” in federal courts. The Court did so based on its belief that, if permitted, such actions could result in duplicative liability and protracted and...

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 UK Office of Fair Trading (OFT) has been a highly rated competition law enforcer. Yet its antitrust performance activities fall far short of this image. Here a critical assessment is made of the OFT's antitrust enforcement activities, and the claim that there is quantitative survey evidence...

The standard of proof required in merger cases has become the centre of considerable controversies and confusion following the Australian Federal Court's decision in Metcash. This paper reviews the use of counterfactuals and the inherent contradictions in adopting the real chance standard of...

These two papers look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively. In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as...