Critics from both the right and the left claim that modern antitrust doctrine, rooted in consumer welfare, is inadequate to handle the challenges of the twenty-first century economy. They express nostalgia for 1960s antitrust, when the field had no clear objectives and cases were decided on...

On 9 June 2017, the 9th Amendment to the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen) entered into force. It transposes the EU Directive on Antitrust Damages Actions into German law. Yet, the German legislator also took the opportunity to implement some additional changes....

A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...

The FTC completed its antitrust investigation of Google in 2013 and, finding no evidence of antitrust violations, decided not to bring an enforcement action against the company. Although the FTC has concluded its investigation, Google’s competitors and critics, unhappy with the outcome,...

Should internet era merger policy differ from industrial era merger policy? Platform ecosystems rely on economies of scale, data-driven economies of scope, high-quality algorithmic systems, and strong network effects that frequently promote winner-take-most markets. Their market dominance has...

In The Antitrust Paradox, Robert Bork discusses policy responses to naked and ancillary price fixing as well as vertical restraints. Empirical research finds that vertical restraints are generally welfare-enhancing. We examine cartels that used vertical restraints to support collusion. We find...

In this article we examine exclusionary coalitions: groups of suppliers and customers that work collectively to keep out rivals and share in the resulting benefits. We offer a typology of horizontal and vertical coalitions, which we connect to economic theories about how exclusion is...

This essay criticizes the Federal Trade Commission's defense of its use Section 5 of the FTC Act in the Intel case. The FTC's (and particularly Chairman Leibowitz') claims that the error cost concerns that figure prominently in recent Supreme Court Sherman Act cases ought not to apply, and are...

The increased use of online sales channels has led the Commission to prioritise competition law enforcement and regulatory intervention in digital markets. In this paper we show how the Commission has stepped up its efforts to ensure that there is a single digital market so that consumers in the...

This paper explores value of fairness as a goal of competition law. It contrasts the developments in the US, where non-economic goals are largely discarded by the prevailing antitrust thinking, with those in the EU and China, where the pursuit of fair competition has been explicitly acknowledged...