Antitrust enforcement in the United States has declined since the 1960s. We investigate the political causes of this decline by looking at who made the crucial decisions and how strong a popular mandate they had to do so. Using a novel framework to understand the determinants of regulatory and...

In Part I of this article, we discuss the importance of the development of economic analysis in US and European competition law to better explain how the choice of economic welfare standard has become the fundamental question of which goal to choose for competition law. This discussion sets up...

The 2010 Horizontal Mergers Guidelines provide an opportunity for DOJ and the FTC to revisit and strengthen the institutional arrangements through which the US implements its competition laws. The performance of the federal government’s antitrust joint venture in applying and explaining the...

Private plaintiffs in U.S. civil litigation seeking damages alleged to have resulted from cartel activities often view the European Commission’s case file as an important source of evidence against cartel participants and seek through U.S. discovery procedures to obtain access to materials in...

US antitrust laws, broadly speaking, aim to curb efforts by firms to reduce competition in the marketplace or to create or maintain monopolies. These laws proscribe certain mergers and business practices in general terms, leaving courts to decide in specific terms which mergers and practices are...

Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...

The recent challenge by state attorneys general (“State AGs”) to the DOJ’s settlement in T-Mobile/Sprint has rekindled the enduring debate regarding the appropriate role for State AGs in federal antitrust enforcement. That debate has relied primarily upon theories of antitrust federalism...

This article takes stock of the regulatory convergence between US antitrust law and EU competition law in the field of international air transport. The analysis draws a distinction between domestic aviation and international aviation and sets the boundaries of regulatory convergence in...

Enforcement of competition/antitrust laws regarding the exercise of market power in respect of upstream markets (monopsony/oligopsony power) has been inconsistent in both Canada and the United States. This paper provides an overview of the competition/antitrust laws in Canada and the United...

The election of the new democratic administration in the United States in November 2008 was overwhelmingly greeted in Europe as an opportunity to reinforce transatlantic cooperation and convergence in competition law and policy. This study evaluates the plausibility of greater convergence...