This introductory essay for a symposium on antitrust enforcement during economic crises provides a brief historical overview of the failures of antitrust enforcement during major economic crises and wars in the first half of the twentieth century. It then considers the reasons that historical...

The new administration has made a splash over antitrust, with a high-profile withdrawal of the Bush Administration’s report on monopolistic offenses, the suggestion that lax antitrust enforcement may have contributed to the economic crisis, and an announcement of a more vigorous attitude...

The Biden Justice Department has announced that it may begin to bring criminal monopolization cases under Section 2 of the Sherman Act, a practice that the Department has not employed in almost half a century. The Department's leadership has justified this idea by asserting that it used to be...

The State of Michigan is currently defending a constitutional challenge to its automobile direct distribution prohibition. The lawsuit was brought by the automotive manufacturer Tesla, which has been denied a license to open show rooms or service centers in the state. A 2014 amendment to...

Tesla Motors is fighting the car dealers' lobby, aided and abetted by the legacy Detroit manufacturers, on a state by state basis for the right to distribute its innovative electrical automobiles directly to consumers. The Tesla wars showcase the important relationship between product innovation...

Despite the idiosyncratic and sometimes counterproductive institutional scheme of federal antitrust enforcement created by failed Congressional design and decades of iterative experimentation, the U.S. antitrust agencies function relatively successfully most of the time. Because of this, the...

Michigan stands at a crossroads with respect to the way that electrical vehicles (“EVs”) are sold and serviced. For many decades, Michigan—like many other states—mandated that cars could be sold and serviced only through independent, franchised dealers and prohibited car manufacturers...

Since we abhor suspense, we will quickly answer the question our title poses: No. As a general matter, bundled discounting schemes lower prices to consumers unless they are predatory - that is to say, unless they exclude rivals and thereby permit the bundled discounter to price free of...

The Federal Trade Commission's pending antitrust case against Intel challenges a number of Intel's discounting and rebating practices. The Commission appears poised to apply a cost-price test to the challenged practices, but proposes to include "fixed sunk costs" in the appropriate measure of...

Contracts between suppliers and customers frequently contain provisions rewarding the customer for exhibiting loyalty to the seller. For example, suppliers may offer customers preferential pricing for buying a specified percentage of their requirements from the supplier or buying minimum numbers...