This issue brief explores the flaws in designating Amazon as something like an “essential facility,” as well as the attendant errors of treating the distribution mechanism of Internet-based commerce as though it were a market definition, and the problems with failing to learn the...

The Durbin Amendment to the Dodd-Frank financial reform legislation capped debit card interchange fees for banks with assets of $10 billion. Credit card and prepaid card interchange fees were not regulated. The cap, which took effect on October 11, 2011, cut the average interchange fee for...

This article argues that mandatory securities disclosure regulation has unanticipated and ill-considered consequences. Disclosure regulation makes some forms of behavior more expensive relative to others. Rational actors will respond by shifting some conduct into comparatively cheaper outlets....

This essay reviews Michael Carrier's recent book, Innovation in the 21st Century. While the book is well-written and full of accessible content, it nevertheless fails in its ambitious effort to defend the concept of an antitrust-relevant "innovation market." The essay notes that there is...

The Federal Trade Commission and U.S. Justice Department’s request for information on whether and how to update the antitrust agencies’ merger-enforcement guidelines is based on several faulty premises and appears to presuppose a preferred outcome: stronger (rather than optimal) merger...

This comment was submitted by 19 scholars of law, economics, and business who work in areas related to intellectual property, antitrust, strategy, and innovation in response to the December 6, 2021, USPTO, NIST, and DOJ draft policy statement on remedies for the infringement of...

The salient objection to Section 230 reform that would saddle online platforms with any form of indirect liability for user-generated content is not one of principle, but of practicality: are there effective reforms that would meaningfully reduce the incidence of unlawful or tortious online...