Despite its vital role in the modern marketplace, attention has largely escaped the notice of the antitrust community. Existing discourse exhibits a variety of misconceptions and flawed prescriptions. One example is the widely held notion that attention markets necessitate two-sided platform...

In response to the United States Supreme Court's decision in Santa Fe Industries, Inc. v. Green, which sharply limited the role of federal securities law in redressing acts of corporate malfeasance, the Delaware Supreme Court, in Singer v. Magnavox Co. and its progeny, expanded the protection...

The DOJ/ FTC Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. One might expect that the VMGs will be withdrawn and/or revised, now that there is a Democratic majority. Revision is appropriate because the...

Size thresholds exist for overall, national merger review and for assignment to national versus supranational responsibility. I analyse competition effects close to these review thresholds. Firms could strategically pursue competition-reducing mergers before they come under any regulatory...

Merging firms regularly argue that mergers involving capacity-constrained firms are unlikelyto be anticompetitive, because a capacity-constrained firm does not represent a meaningful competitive constraint on its rivals. We construct a modified notion of upward pricing pressure called ccGUPPI,...

A broad swath of policymakers, antitrust and economic scholars, and practitioners tend to agree that section 7 of the Clayton Act, as it is applied, has been deficient in identifying and prohibiting anticompetitive mergers, particularly those involving the acquisition of nascent competitors in...

The antitrust laws were not passed as an academic exercise. They were passed to break up the great Trusts, and to preserve competition. These were and are business issues. Our current debate over the impact of mergers on innovation seems to have left that business purpose and dimension out of...

Merger remedies is still a pending issue in Argentina and it has had its ups and downs. Without prejudice to the reforms initiated at the end of 2015, which represented important and enormous positive changes to the general competition regime in Argentina, we consider that in terms of merger...

The orthodox view of market definition in antitrust cases is that the same principles of market definition should apply at all stages of an antitrust analysis, and, in particular, that markets should be defined for virtually all purposes by reference to demand-side substitutability. Commentators...