August 20, 2018
Lambert & Sykuta Comment to FTC on Common Ownership
The Federal Trade Commission will soon hold hearings on Competition and Consumer Protection in the 21st Century. The topics to be considered include...
Resources
August 16, 2018
Lowering the Barriers to Entry to the Common Ownership Debate
One of the hottest topics in antitrust these days is institutional investors’ common ownership of the stock of competing firms. Large investment companies like BlackRock, Vanguard, State Street, and Fidelity offer index…
July 9, 2018
Correcting the Federalist Society Review’s Mischaracterization of How to Regulate
Ours is not an age of nuance. It’s an age of tribalism, of teams—“Yer either fer us or agin’ us!” Perhaps I should have been less surprised, then, when I read the unfavorable review of my book How to Regulate in, of all places, the Federalist Society Review.
June 27, 2018
ICLE Letter to Senate Judiciary re T-Mobile-Sprint Merger
We are a group of eight scholars of antitrust law and economics affiliated with the International Center for Law & Economics, a nonprofit, nonpartisan policy research center based in Portland, OR. Without taking a position on the merits of the proposed T-Mobile/Sprint merger, this letter provides a brief explication of our views on some of the important economic issues involved in the transaction’s antitrust review.
June 26, 2018
Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
A recent tweet by Lina Khan, discussing yesterday’s American Express decision, exemplifies an unfortunate trend in contemporary antitrust discourse. Khan wrote: The economists cited by the Second Circuit (whose opinion SCOTUS affirms) for the…
January 25, 2018
Amicus Brief, Ohio v. American Express
Summary While the three-step burden-shifting framework for evaluating antitrust cases under the rule of reason is conceptually well-accepted and understood, case law remains unclear regarding what suffices to satisfy each…
January 30, 2017
How to Regulate: An Overview
So I’ve just finished writing a book (hence my long hiatus from Truth on the Market). Now that the draft is out of my hands and with the publisher (Cambridge…
August 26, 2015
Josh Wright and the Limits of Antitrust
Alden Abbott and I recently co-authored an article, forthcoming in the Journal of Competition Law and Economics, in which we examined the degree to which the Supreme Court and the…
July 14, 2015
Leave a Little GUPPI Alone: Why Commissioner Wright is Right to Call for a Low-GUPPI Safe Harbor
FTC Commissioner Josh Wright has some wise thoughts on how to handle a small GUPPI. I don’t mean the fish. Dissenting in part in the Commission’s disposition of the Family…