In recent years, a number of antitrust scholars, including the author, have sought to catalyze a new dialogue and debate, as to whether antitrust analyses and decisions should recognize and pay homage to moral norms of fairness and ethics. This article attempts to further spur this debate by...

This article discusses the 2001 decision of the European Commission (EC) to block the GE/Honeywell merger, after it was approved by the Antitrust Division in the United States. The authors contend that the EC's decision reflects a rekindling of the fundamental battle between economic...

This article argues that the models and lessons learned from evolutionary biology can provide fresh and useful insights regarding structural and behavioral economic competition and antitrust policy. Using an evolutionary biology perspective, this article contends that large economic...

Building upon the evolutionary analyses in previous papers, this article recommends a new philosophical antitrust double helix that will generate increased enforcement of and compliance with the language and spirit of Section 2 of the Sherman Act and Section 7 of the Clayton Act. Following...

This Article traces Congress's consistent balancing and blending of social, political, moral, and economic values and objectives over the course of nearly 120 years of antitrust legislation. As a starting point, a plethora of outstanding and insightful scholarship analyzing Congress's objectives...

This article reconsiders the issue of efficiencies and antitrust from the perspectives of evolutionary biology and the growing field of evolutionary economics. The article begins by discussing how the term efficiency as currently used in antitrust today is more of a term of social science and...

This article reviews the increased receptivity of the courts and commentators to the admission and consideration of evidence of proposed unilateral fixes after an antitrust complaint has been filed under Section 7 of the Clayton Act, and analyzes whether there is a sound basis on...

Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships." Despite the assiduous efforts of economists and lawyers...

This Article reconsiders the antitrust fairness-versus-welfare debate from an evolutionary perspective. It discusses the various arguments against applying fairness norms in antitrust cases and then sets forth the arguments for reincorporating fairness norms into antitrust analyses. Building...

This article focuses on Covisint, describing how regulatory officials in the United States, Germany, and the European Community have chosen to exercise extraordinary flexibility in allowing Covisint (and other B2Bs) to form and undertake broad industry wide collaborations." Unquestionably, the...