antitrust and competition

The Effective Competitive Constraint Standard

The consumer welfare standard, which broadly considers higher output and lower prices as its primary goals, is not well equipped to monitor the numerous...

Locating Competitive Process Claims in the Consumer Welfare Debate

Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...

The Life of Antitrust’s Consumer Welfare Model

“Consumer welfare” as an objective of antitrust law and regulation has its origins in several vague and even conflicting ideas of how to evaluate...

Meta-Within Should Be Viewed in the Context of Meta’s Broader Efforts To Monopolize Social Networking

A California court recently denied the FTC’s motion to block the Meta-Within merger. Brandon Nye writes that the FTC could have expanded its argument...

Antitrust Needs Better Models for Estimating Social Welfare in the Digital Age

In a forthcoming article, Seth Benzell and Felix Chang explore how antitrust regulators can use insights from a new quantitative model of Facebook that...

Data, Context and Competition Policy

Data has a tendency to be misunderstood. It is often compared to a raw material like oil, waste, or capital. Elettra Bietti argues that...

The DOJ’s AdTech Suit Against Google Is Anything but Unconventional

The U.S. Department of Justice and eight states recently sued Google, claiming it runs its digital ad business to unfairly advantage its own business,...

Why the Antitrust Agencies Should Consider Prior Bad Acts in Merger Review

As the federal antitrust agencies consider revising the merger guidelines, they should add consideration of the merging parties’ previous bad acts, write Michael A....

Reclaiming The Antitrust Law Of Potential Competition Mergers

In order to discuss the Meta/Within merger decision, it is important to understand the legal underpinnings and history of competition merger cases. Most mergers that...

Why “The Jury’s Out” on the Government’s Case Against Google’s Ad Tech Monopoly

Last month, the U.S. Department of Justice and eight states sued Google, claiming it runs its digital ad business to unfairly advantage its own...

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