Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

This essay summarizes our work on brands and competition. Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Brands also have important effects on competition and the marketplace; yet the two key areas of law...

The power of today’s tech giants has prompted calls for changes in antitrust law and policy which, for decades, has been exceedingly permissive in merger enforcement and in constraining dominant firm conduct. Economically, the fear is that the largest digital platforms are so dominant and its...

The “invisible hand” has become an icon for an economic philosophy that assumes a laissez-faire governmental policy will result in optimal social and financial outcomes as market forces will drive a socially efficient equilibrium. This approach is in tension with another philosophy that...

This paper attempts to reconcile the goals of competition and equality within antitrust, and in doing so, suggests that this task can be seen to correspond to the efforts that John Rawls made to reconcile liberalism and equality within his principles of justice. Applying a Rawlsian analysis to...

Amazon got its start in 1994 when a relatively young Jeff Bezos moved to Seattle and launched Amazon.com from a corner in his garage. For years the site was nothing more than an online boutique bookstore. But Amazon bet big that online shopping would one day be just as popular as shopping in...

In a review of recent antitrust measures undertaken by the Biden Administration, this paper observes that antitrust theory and policy remains one decade behind in preempting and preventing the many harms from consolidation in healthcare markets. A version of of this article was delivered in...

Competition law enforcement in the EU and in most EU Member States follows an administrative model: decisions on the infringement and on the fine are taken by an administrative agency; when courts are called upon to review these decisions they traditionally leave a large measure of discretion to...

We analyze mixed bundling in two-sided markets where installed base effects are present and find that the pricing structure deviates from traditional bundling as well as the standard two-sided markets literature - we determine prices on both sides fall with bundling. Mixed bundling acts as a...

We study alternative market power mitigation measures in a homogenous goods industry where productive assets have asymmetric costs. We characterise the asset divestment by a dominant fi rm which achieves the greatest reduction in prices (taking the size of the divestment as given). The optimal...