The late Phillip Areeda's 1990 article Essential Facilities: An Epithet in Need of Limiting Principles has had a profound impact on the development on the essential facilities doctrine in antitrust law. It has become the intellectual basis for the critique and roll back of a doctrine that has...

Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms’ expectations about (counterfactual) patent litigation. Because these expectations are private and non-verifiable,...

Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to...

The increased importance of antitrust as a campaign issue and a political conversation raises long-standing troubling issues of whether antitrust enforcement (or non-enforcement) can, and is, being used for partisan political purposes. First, there were long standing rumors of White House...

This article analyzes one of the most contentious issues over the past fifty years in international economic law - the extent to which a nation may apply its law on an extraterritorial basis and the limits, if any, posed by the doctrine of international comity. This article examines the reasons...

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...

Public choice scholars have claimed that antitrust, like all forms of regulation, is not about advancing the public good, but is instead about advancing private interests that have special influence on legislative and administrative processes. This article, published in 1999, uses the Microsoft...

Satellite radio competitors XM and Sirius recently announced their intention to merge their companies in a $13 billion deal. Recent financial statements show this merger is necessary. Although both stocks grew steadily through October of 2004, they hit a plateau after that and then began a...

Ludwig von Mises and Murray Rothbard tended to emphasize the same requirement for a monopoly price to emerge, as far as the demand schedule for the monopolized good is concerned, in the long run and in the immediate run. This is problematic because, as this paper explains, their criterion of a...

Are dominant online search engines monopolies enjoying low contest-ability, due to high barriers to entry, or innovative first-movers? This paper argues that dominant online search engines maintain their leadership through an “innovation feedback loop”: a process whereby increasing R&D...