The paper first summarizes the benefits of competition, i.e. why competitive markets are more efficient than oligopolistic or monopolistic markets, and the threats to competitive markets from cartels, concentration, and government interference. In the main part, the paper presents the key...

In his 2012 article, “Revisiting the Revisionist History of Standard Oil”, Christopher Leslie takes issue with John McGee's work on predatory pricing and its influence on antitrust law and scholarship. Leslie claims McGee's analysis was methodologically flawed, ideologically motivated, but...

An important issue in many antitrust lawsuits involving professional sports leagues and their member teams is the extent to which franchises within the same, and across different, professional sports leagues compete with one another for fans and advertisers. Complicating the issue is the fact...

By means of tight and experienced review of mergers and adequately improved antitrust agency supervision, monopolization or abuse of dominance cases have diminished progressively both in US and EU. The focus now is on cartels and inefficient oligopolies. Cartels are not problematic as they...

Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers enjoy massive welfare surplus from a flood of innovative new products that are offered free of charge...

The central claim of this Article is that, as a descriptive matter, trademark legislation and court interpretation is a close normative match with the Chicago School approach of scholars such as Robert Bork and Richard Posner. The organizing intellectual structure of modern trademark law, as...

In 2020-21, lawsuits have been filed raising antitrust complaints in state and federal district court by coalitions of state attorneys general, the U.S. Department of Justice, the Federal Trade Commission, and private firms against four large American technology companies, Amazon, Apple,...

Sellers are increasingly utilizing big data and sophisticated algorithms to price discriminate among customers. Indeed, we are approaching a world, where each consumer will be charged a personalized price for a personalized product or service. Is this type of price discrimination good or bad?...

Digital platforms operate in multisided markets providing services through the internet to two or more distinct groups of users, between which there are indirect network effects. Direct network effects are frequently present within each group. Therefore, online platforms usually present both...

Professor Einer Elhauge’s highly acclaimed article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harv. L. Rev. 397 (Dec. 2009), contests two propositions on which efficiency-minded antitrust scholars have largely agreed: (1) that there should be no tying...