This submission was made in response to the invitation of the Subcommittee on Antitrust, Commercial and Administrative Law of the U.S. House of Representatives Committee on the Judiciary."Incipiency" describes the test under which mergers, acquisitions, and certain anticompetitive practices are...

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...

The COVID-19 pandemic could cause Congress to strengthen our merger laws. The authors of this short article strongly urge Congress to do this, but to do this in a manner that ignores 5 myths that underpin current merger policy: Myth 1: Mergers Eliminate Wasteful Redundancies and Produce More...

As part of their investigation of competition in digital markets, members of the Judiciary Committee of the U.S. House of Representatives solicited the views of a number of antitrust scholars on whether existing U.S. antitrust laws are adequate to address contemporary competition concerns. This...

Mark Zuckerberg introduced Libra to the world in June 2019 with the goal of “enabl[ing] a simple global currency and financial infrastructure that empowers billions of people.” Two months after, and without waiting for the project to be launched, the European Commission sent a questionnaire...

Because services offered by some of the so-called “FAANG” big-tech firms—Facebook, Apple, Amazon, Netflix and Google—are free, many believe we need a basis other than the “consumer welfare” standard in antitrust. At least with respect to Google, this conflict is false. Having a...

This Chapter examines the growth of the digital economy and its corporate titans—globally and in India—and evaluates the implications of that growth and dominance for antitrust analysis. It flags the challenges to the consumer welfare standard in the antitrust analysis and the importance of...

Antitrust has been doubly disempowered: we can no longer effectively regulate corporate power and many forms of corporate power are now irrelevant to antitrust analysis. Drawing on the interconnected histories of antitrust and corporate law, this article makes the case for empowering corporate...

A great merger wave occurring in the United States between 1897 and 1903 was the single most important event in a process that yielded the pattern of managerial control and dispersed share ownership which currently distinguishes America's corporate economy from arrangements in most other...