A substantial literature on multisided markets – markets with multiple distinct groups of consumers who care about the extent of participation of other groups in the market – has developed over the past decade. This literature has not given substantial consideration to a critical...

Antitrust has long been treated as exceptional by the courts. This article argues that the Supreme Court is moving away from this exceptionalist treatment of antitrust, and is working to bring antitrust within a normalized administrative law jurisprudence. That is, we are moving into an era of...

This brief explains amici's understanding of the relevant economic analysis. It explains why basic economic principles underlying the analysis of multi-sided markets lead to the conclusion that a plaintiff should be required to demonstrate, at a minimum, that: (1) the allegedly unlawful...

The Supreme Court's 2018 opinion in American Express v. Ohio is among the most important – and divisive – antitrust opinions in the modern era of antitrust law. The simplest statement of Justice Thomas's opinion for the majority is that it saw a 5 Justice majority of the Court fully embrace...

Since the original Pitofsky hearings, much has fundamentally changed in the way the firms do businesses. Yet, despite these rapid and fundamental shifts in technology and behavior, we still face many of the same policy challenges as existed twenty years ago (and more). Innovation always yields...