For antitrust practitioners, scholars, and economists – those who work with antitrust in agencies, courts, or law firms – the development of the antitrust laws over the past half century has been a remarkable and positive development for the American economy and consumers. Most...

Hipster Antitrust calls for the outright rejection of the consumer welfare standard as the lodestar of antitrust law in favor of a vague “public interest” test that requires courts and agencies to consider a variety of social and political goals. It also advocates for focusing antitrust...

In this article we examine the merits the arguments furthered by the field of behavioral law and economics over credit card surcharge fees. Claims about the real-world application of behavioral economic theories should not be uncritically accepted — especially when advanced to challenge a...

If the Supreme Court's recent decision in Apple v. Pepper had hewed to the precedent established by Ohio v. American Express it would have begun its antitrust inquiry with the observation that the relevant market for the provision of app services is an integrated one, in which the overall effect...

In this comment, we primarily address the first question asked by the Commission (“The state of antitrust and consumer protection law and enforcement, and their development, since the Pitofsky hearings”). However, our comments also speak to several other questions. We do so in part through...

ICLE's comments argue that the petitions to deny fail to provide any compelling reason to adopt a presumption against this merger. To the contrary, there are good reasons to think that this transaction will benefit consumers and the economy.As ICLE scholars discuss in these comments, increased...

These comments were submitted to the FTC as part of its hearings on “Competition and Consumer Protection in the 21st Century.” As part of our comments, we note the timeliness of the hearings, given that, despite the vast social benefits generated by companies operating in the digital...

These comments were submitted to the FTC as part of its hearings on “Competition and Consumer Protection in the 21st Century.” In these comments, we analyze three overarching topics relevant for the regulation of data: (1) The role of privacy as an element of non-price competition; (2) The...

These comments were submitted to the FTC as part of its hearings on “Competition and Consumer Protection in the 21st Century.” In these comments, we note three high level points: (1) Antitrust policy must avoid the simplistic inference of competitive effects from market structure; (2) HHIs...