Antitrust populists increasingly call on the government to “break up big tech.” But antitrust enforcers would face heavy evidentiary burdens if they sought to break a company up on the premise that a long-consummated merger was unlawful from the outset and should have been blocked years ago....

We clarify and defend the Chicago School of antitrust against incorrect and uninformed claims that it represents a narrow set of inefficiency impossibility theorems based on free market ideology. The Chicago School arose decades ago as a reaction to the then current antitrust policies. Chicago...

In ignoring the facts of the Three Tenors case and the transactions costs of legal rulemaking, Professor Goldberg would unnecessarily complicate antitrust law to the detriment of consumers. Contrary to his assertions, the FTC's opinion does not favor ownership over contract. The parties could...

This article discusses a strategy for FTC competition policy and a positive agenda to implement the strategy. The antitrust laws and the pro-competition ethic they embody serve as an organizing principle in our country's economy. Antitrust plays a major role in shaping our markets, institutions,...

Some commentators have theorized that modern enforcement has swung back and forth between extremes in response to changes in political leadership in the federal antitrust agencies and that there is little continuity of viewpoints between the extremes of the arc. Using enforcement data from 1961...

This article discusses the importance of developing a comprehensive competition policy, which addresses both private and public restraints of trade. The first section discusses the importance of devoting substantial resources to opposing public restraints. If one creates a system in which...

This symposium began with a call for papers “re-assessing the validity of the Chicago School’s assumptions about competition and considering whether a more aggressive approach to antitrust enforcement is now warranted.” That framing uncritically accepts the premises of antitrust’s new...

In ignoring the facts of the Three Tenors case and the transactions costs of legal rulemaking, Professor Goldberg would unnecessarily complicate antitrust law to the detriment of consumers. Contrary to his assertions, the FTC's opinion does not favor ownership over contract. The parties could...