Competition law in many jurisdictions defines its consumer welfare goal in terms of low consumer prices. For example, mergers are challenged when they threaten to cause a price increase from reduced competition in the post-merger market. While the consumer welfare principle is under attack in...

This brief essay considers the use of antitrust's rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O'Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the...

“Potential competition” refers to the effects of sources of competition that have not yet emerged as actual competitors. These could be firms that produce different products in the same geographic area, or those that sell the same product but in a different geographic area. It could also...

“Self-preferencing” refers to situations in which a firm favors, or “preferences” its own products over those of rivals. Of course, it would literally be “self preferencing” for a producer to sell nothing but its own products. That type of self-preferencing has not provoked much...