This paper addresses issues concerning how to present and assess economic evidence that arose in the recent antitrust litigation involving the U.S. Department of Justice (DOJ) and America n Express (Amex). It focuses on how Amex's nature as a two-sided platform affected market definition and the...

This chapter provides an economic perspective on merger policy for failing firms and declining industries. It examines the evolution of the failing firm defense and the underlying principles of the defense, including financial condition, exit of assets due to the inability to reorganize, and...

The use of conduct remedies in merger enforcement raises a number of serious issues, and it may be difficult or impossible to use these remedies as the basis for a competitively desirable relief. Thus, the antitrust authorities should make at most only a limited use of these remedies and should...

The U.S. Department of Commerce defines targeted dumping as a pattern of significant differences in the prices that importers charge in the U.S. to different purchasers, in different regions, or during different periods. If DOC finds targeted dumping, then it calculates the average dumping...

This article discusses the recent Second Circuit decision in the Justice Department's antitrust case against American Express (Amex). The decision has important implications for antitrust in all industries involving two-sided platforms. The article focuses on the issues of market definition,...