Evolving the Rule of Reason for Legacy Business Conduct
In administering the antitrust laws, is it relevant what a firm’s market power was when a business practice was first implemented? Relatedly, should the . . .
Evolving the Rule of Reason for Legacy Business Conduct
Appendix of Competition Authority in the U.S. Code
This Appendix contains excerpts from the U.S. code of statutes relating to competition outside of the Clayton and Sherman Acts.
Appendix of State Antitrust Laws
This Appendix contains descriptions of the antitrust laws of each state, with relevant statutory citations and some brief excerpts of more interesting provisions or . . .
Deterrence in Merger Review: Likely Impacts of Recent U.S. Policy Changes
We model deterrence in a multistage merger review process, potentially ending in a court proceeding. Potential merging parties sequentially decide whether to begin the . . .
Gerrymandered Market Definitions in FTC v Amazon
Introduction Market definition is a critical component of any antitrust case. Not only does it narrow consideration to a limited range of relevant products or . . .
National Rifle Association of America v. Vullo: Brief to the Supreme Court of Financial and Business Law Scholars as Amici Curiae in Support of Petitioner
The court below erred in finding that the lack of explicit binding language or threats from the New York Department of Financial Services in . . .
Situating Dynamic Competition: An Evolution Beyond Chicago
Dynamic competition defines an improvement path for antitrust law. Interested in competitive realities more than political activities, the growing body of scholarship studying dynamic . . .
The Supreme Court ‘Pulled a Brodie’: Swift and Erie in a Commercial Law Perspective
Erie Railroad v. Tompkins is a cornerstone of modern American law. Erie overturned Swift v. Tyson, a case that had stood for nearly a century with minimal objection. Swift involved . . .
Deciphering Algorithmic Collusion: Insights from Bandit Algorithms and Implications for Antitrust Enforcement
This paper examines algorithmic collusion from legal and economic perspectives, highlighting the growing role of algorithms in digital markets and their potential for anti-competitive . . .