This article looks first at the process courts use to resolve merger challenges and finds that in the area of product market definition, merger analysis is reasonably strong. Market definition remains complex and subjective, however, and could be improved, or avoided altogether, through...

One major reason why healthcare spending is much higher in America than in other countries is that our prices are exceptionally high. This Article addresses whether we ought to rely more heavily on buyer power to reduce those prices, as other nations do. It focuses on two sectors where greater...

Two-sided platforms serve two sets of customers and enable them to interact with each other. The five most valuable corporations in America—Amazon, Apple, Facebook, Google, and Microsoft—operate two-sided platforms. But despite their growing power, the Supreme Court's American Express...

The conventional scholarly response to the Robinson-Patman Act is to urge that it be repealed. Too often R-P enforcement protects small business at the expense of consumers, and frequently it does not even protect small business. In this article I suggest that a better response is to reform the...

Antitrust has returned to the national agenda. Leading Senators, progressiveorganizations, and many scholars are calling for stronger antitrust enforcement.One important step, overlooked in the discussion to date, is to reform howmarket power—an essential element in most antitrust...