In October 2022, Kroger and Albertsons announced their intent to merge the two companies in a deal valued at $24.6 billion. The combined company would be the third largest food and grocery retailer, behind Walmart and Amazon. Based on the Federal Trade Commission’s recently release draft...

For years, regulators and competition watchdogs have expressed concern about competition in the digital advertising business. They note that digital advertising appears to be dominated by a few dominant firms, such as Google, Facebook, and—to a lesser extent—Amazon. Some claim that this...

Rate regulation can take many forms. Rates may be regulated through overt price controls, such as price ceilings or price floors; through less-overt rules governing the pace of price changes; or through quality mandates or restrictions. Some rate regulations can provide short-run benefits to...

This paper offers an opportunity to reflect on Frank Easterbrook’s seminal work on the Limits of Antitrust and to discuss its particular relevance to the problem of antitrust enforcement in the face of innovation. The error-cost framework in antitrust originates with Easterbrook’s analysis,...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

Some of the most significant transactions singled out recently for intensive federal review involve the communications industry. Unfortunately, communications providers face serious and potentially fatal problems of supply. Radio spectrum -- the chief input and most severe constraint on the...

The e-book market is quite remarkable. The economic models for the distribution of this unique product are original and differ from one jurisdiction to another. The antitrust litigations, in both the US and Europe, against Apple and publishing companies as well as the French law on e-Book...

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...