In ignoring the facts of the Three Tenors case and the transactions costs of legal rulemaking, Professor Goldberg would unnecessarily complicate antitrust law to the detriment of consumers. Contrary to his assertions, the FTC's opinion does not favor ownership over contract. The parties could...

This article discusses a strategy for FTC competition policy and a positive agenda to implement the strategy. The antitrust laws and the pro-competition ethic they embody serve as an organizing principle in our country's economy. Antitrust plays a major role in shaping our markets, institutions,...

Some commentators have theorized that modern enforcement has swung back and forth between extremes in response to changes in political leadership in the federal antitrust agencies and that there is little continuity of viewpoints between the extremes of the arc. Using enforcement data from 1961...

The paper provides a comprehensive analysis of how the Federal Trade Commission (FTC) fits in the larger scheme of institutions for consumer protection embodied in the American economic system. It also examines how the agency's animating principles shape the Commission's enforcement agenda and...

This article discusses the importance of developing a comprehensive competition policy, which addresses both private and public restraints of trade. The first section discusses the importance of devoting substantial resources to opposing public restraints. If one creates a system in which...

Critics from both the right and the left claim that modern antitrust doctrine, rooted in consumer welfare, is inadequate to handle the challenges of the twenty-first century economy. They express nostalgia for 1960s antitrust, when the field had no clear objectives and cases were decided on...