For competition to be effective in markets where government businesses compete with privately owned businesses, there must be a level playing field. A policy of competitive neutrality aims to ensure this. The article begins by briefly discussing the approach to competitive neutrality in the...

When, if ever, should antitrust condemn an act of invention? If the law seeks to foster innovation, as surely it does, one might imagine that it would never question the legitimacy of a newly commercialized technology. Such a perspective rightly informs the law’s skeptical reception of claims...

Two premises underlie state health care antitrust law reform measures. The first presumes that the federal antitrust laws prevent efficiency-enhancing collaborations and that, by displacing the federal regime, states can encourage health care firms to generate cost savings that they in turn will...

This Article will argue that single-entity status is inappropriate and unnecessary for professional sports leagues. It will proffer that while professional sports leagues might initially appear to be significantly different from other joint ventures, the difference is functionally superficial...

Though antitrust law contains many theories and assumptions with weak or non-existent empirical support, the two described above have not been selected at random. This paper concerns itself generally with hospital mergers and, in particular, with the case of FTC v. Butterworth Health Corp., a...

In Eastman Kodak Co. v. Image Technical Services, the United States Supreme Court quietly revolutionized antitrust jurisprudence. Holding that "difficult and costly" information gaps in markets for "complex durable goods" can confer "market power" on sellers in those markets, regardless of their...

Microeconomic theory has long guided competition law. Using price- and game-theoretic models, antitrust has settled on rules that have endured because they are more coherent, easier to understand, and simpler to apply than any other methodology. In application, those rules predict the market...

The basic operational premise of the U.S. antitrust system posits that one can reliably demarcate business conduct into two distinct classes, specifically unilateral and concerted behavior. Professional sports leagues and other complex ventures confound this premise, engaging in arrangements...

The role that the state place, both formally and informally, within the jurisdiction is dictated by factors that are political, cultural, and historical, and may relate to the stage of a nation’s economic development. In a market friendly environment with a strong commitment to competition law...