Information security breaches have attracted a lot of attention from the public, organizations, and regulators. However, our understanding of security risks is still limited due to their rapidly changing nature, advances in information technology, and the development of different business...

Estimating antitrust risk is fundamental to identifying, proposing, and pricing deals. A more informed understanding of what to expect when meeting with agency staff and leadership will help antitrust lawyers and economists (or other consultants) anticipate the critical questions and potential...

Effective antitrust relies on its institutions. We offer a brief retrospective of sudden and significant change at one of the antitrust institutions in the United States – the Federal Trade Commission (FTC) under the Biden administration. Changes under Chair Lina Khan have been more dramatic...

Opposition to anticompetitive coordination once animated merger policy. But after consecutive decades of decline, evidence now suggests that coordinated effects cases are disfavored among enforcers and are rarely pursued. This change in merger enforcement is dangerous and puzzling. Coordinated...

The US antitrust system is undergoing a profound reassessment. Many events and commentaries have inspired this upheaval. Among the most important is an inquiry conducted over the past two years by the House Judiciary Antitrust Subcommittee on Antitrust, Commercial and Administrative Law. The...

This Essay provides an overview of U.S. antitrust merger practice in addressing efficiencies both in terms of actual practice before the agencies and in scholarly work as a response to Jamie Henikoff Moffitt's Vanderbilt Law Review article Merging in the Shadow of the Law: The Case for...

Government enforcement against collusion, now viewed by the Supreme Court as the “supreme evil” in antitrust, has gone through various phases of enforcement in the United States. There have been periods in which cartels have been able to collude more or less effectively given various...

The stakes for proper nonprofit governance are extremely high. Over 1.5 million nonprofits are registered with the IRS, collectively employing 12 million people and accounting for 5.4% of US GDP. Yet while for-profit companies have significant checks on the behavior of boards and management,...

With the adoption of the 2020 Vertical Merger Guidelines, the U.S. antitrust agencies have updated their guidance on vertical mergers for the Twenty-First Century. Although economists have long recognized the procompetitive benefits most vertical mergers generate, the law has not always followed...