We evaluate the competitive and governance effects of quot;duality.quot; Duality refers to the joint membership (e.g., by banks) in competing associations or joint ventures (e.g., Visa and MasterCard). We first show that the not-for-profit nature of the associations along with the usage-based...

Defendants in Sherman Act Section 1 class action cases have historically faced a low likelihood of success in their attempts to defeat class certification, in part because courts often started from a presumption that all class members were harmed by price-fixing. Recent trends in recent judicial...

Indirect purchaser class actions are a prevalent avenue for the civil recovery of damages resulting from antitrust violations such as price fixing and monopolization. Although both direct purchaser and indirect purchaser actions are commonplace in antitrust, there are key differences between...

In light of the prominence of experimental approaches in economics, the increasing application of such approaches in industrial organization, and the emerging criticisms, this area of economic research is likely to have an impact on the way that antitrust analyses are performed. In this paper, I...

Unreasonably large damages awards in patent litigation have been an important force in motivating the movement for patent reform. “Apportionment” has found support as a solution to problem damages awards. Under apportionment, the portion of the overall value of the product that is...

In recent cases, class action plaintiffs have sought to exclude statistical testing that can be useful for conducting the predominance inquiry required under the Federal Rules of Civil Procedure. The efforts to banish these methods are not only inconsistent with recent court decisions...