This article examines antitrust analysis when one of the possible subject products of an antitrust or merger is ordinarily offered at a zero price. It shows that businesses often offer a product for free because it increases the overall profits they can earn from selling the free product and a...

In dealing with telecom operator and internet mergers in the late 1990s the European Commission adopted a pessimistic view of competition based on the then emerging theory of network effects. This paper takes a short and critical look at the Commission's use of network effects theory, and its...

What is wrong with calls for search neutrality, especially those rooted in the notion of Internet search (or, more accurately, Google, the policy scolds’ bête noir of the day) as an “essential facility,” and necessitating government-mandated access? As others have noted, the basic concept...

This study analyzes and contrasts the U.S. and EU antitrust standards on bundling (in its various forms) and tying. The analysis is applied to the U.S. and EU cases concerning Microsoft's practice of integrating (tying) new products (Internet Explorer in the U.S. and Windows Media Player in the...

We examine the intersection of patents and antitrust where a patent holder uses the monopoly power it possesses in the market for a patented product to exclude competitors in an adjacent market and attempt to monopolize or monopolize the adjacent market. The present scheme for awarding patents...

Is antitrust law up to the task of addressing the "New Economy"? That is the question many have asked in recent years. And that is one of the key questions addressed by the Antitrust Modernization Commission ("AMC"), a commission that Congress established in 2002 "to examine whether the need...

Neil Averitt and Robert Lande have for some time been writing about consumer choice as a new paradigm for antitrust. In this comment, I both praise and extend the consumer choice paradigm and provide concrete examples of both cutting edge and familiar antitrust issues where consumer choice can...

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...

The U.S. health care system is organized around markets. There has, however, been ongoing concern about the functioning of these markets, so much so that some have despaired of these markets working at all. The policy response to this concern has been disjointed. Health care markets are subject...