antitrust and competition

Is there a “California Effect” in Data Privacy Law? Why the EU is Not the World’s Privacy Cop

It is common lore in data privacy law and other fields that stringent regulatory standards (such as the ones introduced in the EU’s GDPR)...

Missing the Forest for the Trees: A Reply to Hovenkamp and Shapiro

The Federal Trade Commission’s now-abandoned 2020 Vertical Merger Guidelines were not some ideal economic document that the FTC foolishly disregarded; rather, they failed spectacularly...

How Will the FTC Evaluate Vertical Mergers?

The Federal Trade Commission’s recent withdrawal of its 2020 vertical merger guidelines is flatly incorrect as a matter of microeconomic theory and is contrary...

The Roots of America’s Competition Revolution

Proponents of the current transformation in America’s competition policy managed to shape legislative reform proposals, push public antitrust agencies to boost enforcement, and successfully pressure the...

The Complicated Legacy of the “Chicago Boys” in Chile

How did a group of Chicago-trained economists manage to turn Chile into the cradle of neoliberalism? As the country aims to move away from...

The DOJ’s “New Madison” Doctrine Disregards Both the Economics and the Law of Innovation

DOJ’s “New Madison” approach to antitrust and intellectual property law dictates that antitrust should stay out of disputes over patents, even when market power...

What’s Behind Amazon’s Demand that FTC Chair Lina Khan Recuse Herself?

Amazon’s attempt to get Khan to recuse herself from any antitrust investigation into the company is not the first time that a company has...

Competition Problems in Prescription Drug Market

Although not the sole cause of high prescription drug costs, abusive practices that distort competition contribute to the problem. Too many companies exclude competition...

The Profit Paradox: A New Approach to Competition and Market Power

Jan Eeckhout’s recent book The Profit Paradox is a serious attempt to explain rising market power and its implications to a wider audience. While...

Beefing Up Merger Enforcement by Banning Merger Remedies

The unraveling of the T-Mobile/Sprint remedy continues a trend of failed merger consent decrees. One solution, proposed by two antitrust scholars, is to ban...

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