An EC Green Paper in 2005 asked for comments on an array of possible reform measures aimed at encouraging private antitrust damage actions in the national courts of the EC’s member states. One of the questions the Green Paper raised was “how should damages be defined?” Should they be...

The Supreme Court’s 1911 decision in Standard Oil gave us embryonic versions of two foundational standards of liability under the Sherman Act: the rule of reason under Section 1 and the monopoly power/exclusionary conduct test under Section 2. But a case filed later in 1911, United States v....

In this article, I offer an approach to concerted action that builds on traditional Chicago School analyses of the issue, but adds a focus on the role of communication. Chicago scholars uniformly identify cartels as the primary target of antitrust enforcement. They have also established much of...

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with...

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with...

Antitrust law has long recognized that firms have a qualified right to refuse to deal. Nevertheless, a refusal to deal or an exclusionary contract may reduce competition by denying a dominant firm's rivals needed resources or outlets. As a remedy in such cases, a court may require the defendant...

The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impose differen limits on antitrust suits challenging anticompetitive state regulation. The Supreme Court has developed these two versions of state sovereign immunity separately, and lower courts...

Oligopolists look for signals from one another in planning their strategies. Some signals solicit cooperation from rivals and a still smaller number succeed in achieving noncompetitive equilibria. But only a subset of these noncompetitive outcomes involve agreements under Section 1 of the...

Antitrust remedies -- criminal and civil, public and private, penalties and injunctions -- are supposed to “eliminate the effects of the illegal conduct” and “restore competition.” In pursuing these goals, courts and enforcers are guided by the standard of economic efficiency and by...