Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most often on optimal deterrence and effectiveness. Lost in conversation is the basic idea that antitrust violations cause economic harm and that those victimized by that harm should be...

Antitrust laws in the United States, and competition rules in Europe, are usually set out in statutes of general applicability, written in broad, almost constitutional form. This is a “one size fits all” statutory style. There is another possible style of antitrust, which we call “bespoke...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

This article examines the issue of whether United States antitrust law can be an affirmative tool to help US firms sell products and services into markets that have been closed to foreign competition as a result of either governmental or private barriers to trade. The issue first surfaced in the...

Brands matter. In modern times, brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Coca-Cola, Nike, Google, Disney, Apple, Microsoft, BMW, Marlboro, IBM, Kellogg’s, Louis-Vuitton, and Virgin are all large...

One of the most interesting and challenging phenomena of our information age is the rapid and significant change that takes place in high-technology industries. This change is shaking some of our assumptions regarding the role of technology (e.g., endogenous or exogenous), productions methods...

The U.S. trade laws provide domestic firms with remedies against foreign firms which employ unfair trade practices. A party can initiate an antidumping or countervailing duty proceeding simply by filing a petition alleging that it has been injured by foreign competition. Normally, petitions for...

Antitrust enforcement is entering a period of transition in the United States. The election of Barack Obama as President and his executive branch, regulatory, and judicial appointments will have importance consequences for antitrust law and enforcement, although most observers believe that these...