We explore the implications of the widely accepted understanding that competition law is common — or “judge-made” — law. Specifically, we ask how the rule of reason in antitrust law should be shaped and implemented, not just to guide correct application of existing law to the facts of a...

This paper examines what the Supreme Court's 2018 decision in the American Express case, which is the only U.S. antitrust case that has explicitly addressed the unique issues raised by so-called platform or multi-sided markets, might tell us about the attitudes of the Court's five-Justice...

This paper discusses the recent scholarly and policy attack against the consumer welfare (“CW”) standard. It shows that the CW standard is not the explanatory factor for perceived low levels of antitrust enforcement in the US. The arguments made against the CW standard reflect a...

In reliance on Qualcomm's FRAND promises, key SSOs incorporated its technologies into wireless standards. Qualcomm takes the position that its patented technologies are essential to those standards and, therefore, that any firm making or selling a standard-compliant product infringes its...

Antitrust cases, including recent complaints filed against dominant technology platforms, have alleged conduct that harms innovation. Section 2 of the Sherman Act is sufficiently broad to address conduct that harms innovation, but courts have little experience adjudicating such allegations. This...