Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private actions. Today the Supreme Court complains...

Antitrust began with the common law tort of restraint of trade but has long since separated itself from the rest of tort law, particularly in the area of punishment. Since the passage of the Sherman Act in 1890, the principal remedies for antitrust violations have been criminal penalties and...

Of all fields of regulation in the United States, antitrust law relies most heavily on economics to inform the design and application of legal rules. When drafting antitrust statutes in the late 19th and early 20th centuries, Congress anticipated that courts and enforcement agencies would...

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focusses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

This paper clarifies the relation between per se hub-and-spoke and vertical rule of reason antitrust analysis, the tension between which is illustrated with a detailed examination of the Apple e-books case

Antitrust and competition law have grown dramatically in importance and significance over the last fifty years. US antitrust law has been the principal source of inspiration for jurisdictions wishing to introduce regulation to control cartels and monopolization, and antitrust regulation has now...

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...