Aaron M. Honsowetz recounts how Senator John Sherman’s lesser-known antitrust bill, the 1866 Post Roads Act, uprooted local barriers to entry for telegraphy companies, which led them to invest more in R&D and ultimately helped produce the telephone.
The various antitrust complaints the Department of Justice and the Federal Trade Commission have brought against Google, Amazon, and Facebook are based on monopolization claims under Section 2 of the Sherman Act. Herbert Hovenkamp explains why the government should also have relied on Section 1 of the Sherman Act and Section 7 of the Clayton Act to support their Big Tech cases.
Nicolas Petit and Lazar Radic refute common critiques of the consumer welfare standard. A second article will discuss the advantages and disadvantages of different antitrust standards, underscoring some points often ignored by the critics of the consumer welfare standard.
In an interview with ProMarket, assistant attorney general Jonathan Kanter, head of the Department of Justice’s antitrust division, explains why he believes that the...
While it isn’t particularly controversial that concentrated economic power was a legislative target of the Sherman Act, when read as a corollary or even...
Does the Sherman Act actually “protect competition, not competitors”? An examination of the case law reveals a more nuanced picture, in which the courts...
Antitrust law aims to stop established companies from shutting out competitors. We should revive enforcement against exclusionary conduct, as well as structurally eliminate the...
Antitrust law’s present-day bias against democratic cooperation and in favor of top-down corporate control has contributed more broadly to the institutional weakness and perceived...