The antitrust treatment of trade secrets has remained largely hidden, with trade secrets today being viewed as simply the equivalent of other forms of intellectual property. Closer examination reveals, however, that although the antitrust treatment of trade secrets fits generally into the debate...

Intellectual property law is out of control. For more than a decade intellectual property rights holders have successfully expanded their rights, in the courts and in Congress. Commentators and policy makers have recently expressed concern over this expansion, and the Supreme Court has begun to...

This paper, which will be published as a chapter in Foundation Press's forthcoming volume of antitrust stories, reviews United States v. Topco Associates, the Supreme Court's 1972 decision holding that horizontal territorial divisions are per se unlawful under Section 1 of the Sherman Act. Most...

On September 17, 2007, the European Court of First Instance decided Microsoft's appeal of the European Commission's 2004 decision finding that Microsoft had violated Article 82 of the EC Treaty by failing to provide certain interoperability information to Sun Microsystems and by refusing to...

This Article examines the use of public interest factors in merger analysis. We begin with a review of the use of such factors in jurisdictions around the world and then focus on the U.S. Supreme Court's rejection of public interest factors in the Philadelphia National Bank case and on South...

Before there was Hipster antitrust there was Woodstock antitrust. Flourishing in the decade from 1969 to 1979, Woodstock antitrust sought to take on the central issues in antitrust. Looking back we can see a program of enforcement and proposed legislation that constituted a radical effort to fix...

Shortly after the inauguration of Donald J. Trump as President in 2017, we wrote an article entitled “America-First Antitrust.” In the article we speculated on what the signature theme of Donald Trump’s campaign might mean for antitrust enforcement in the coming administration. We feared...

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

This paper, presented at the Oxford Conference "Online Markets and Offline Welfare Effects," explores two areas that were not the focus of the conference but that are quite important to how competition law will deal with Internet markets and their challenges: (1) the role of private rights of...

Commissioner Joshua Wright has started his tenure as an FTC Commissioner by stepping into the long-running debate over the scope of the Commission's authority, as broadly set out in a 1972 Supreme Court decision, FTC v. Sperry & Hutchinson Co. Commissioner Wright argues that S&H should be...