The DOJ’s complaint against AT&T evinces an analysis based upon structural inferences rather than rigorous economic analysis of a dynamic, high-tech market. Geoffrey Manne (Int'l Center for Law & Economics) & Joshua Wright (George Mason Univ.).

A first principles approach to antitrust analysis is required to guarantee the benefits of competition in the agricultural sector; we discuss three fundamental principles of modern antitrust that, at times, appear to be given short-shrift in the recent debate. Geoffrey Manne, International...

In the sometimes lengthy period before those changes are incorporated into antitrust doctrine and enforcement decisions, the history of antitrust suggests a tendency toward false positives when innovative business practices are involved.

While the Court’s rejection of the patent presumption in is worthy of praise, the manner in which the Court reaches this result is worthy of some critical analysis.

An increasing number of these exclusive dealing cases allege that slotting contracts impair rivals and ultimately harm competition. A theme in these cases appears to be that some form of exclusivity term explicitly limiting rivals’ access to shelf space appears to be a necessary...

This article examines some deficiencies in the Commission’s arguments in support of review of <em>FTC v. Rambus</em>, concluding that the Supreme Court was correct to deny the petition.

A sensible consensus view emerged that a necessary condition for anticompetitive harm in an exclusive dealing or de facto exclusive contract is that the contract deprives rivals of the opportunity to compete.

The handling of cases under the rubrics “monopolization,†“single-firm conduct,†or “abuse of dominance†continues to be debated by the competition policy community.

The Google Books matter brings to mind the increasing importance in an information-based economy of intellectual propertyâ€â€in this case copyrightâ€â€and the tension many perceive between the exclusivity of IP and the openness of competition.

Most competition law falls into one of three categories. The first, cartel behavior, is relatively uncontroversial. The basics of the second, horizontal mergers, are generally accepted, but how best to implement itâ€â€efficiency defenses, welfare standards, the need for market...