Microeconomic theory has long guided competition law. Using price- and game-theoretic models, antitrust has settled on rules that have endured because they are more coherent, easier to understand, and simpler to apply than any other methodology. In application, those rules predict the market...

The basic operational premise of the U.S. antitrust system posits that one can reliably demarcate business conduct into two distinct classes, specifically unilateral and concerted behavior. Professional sports leagues and other complex ventures confound this premise, engaging in arrangements...

Two premises underlie state health care antitrust law reform measures. The first presumes that the federal antitrust laws prevent efficiency-enhancing collaborations and that, by displacing the federal regime, states can encourage health care firms to generate cost savings that they in turn will...

This Article will argue that single-entity status is inappropriate and unnecessary for professional sports leagues. It will proffer that while professional sports leagues might initially appear to be significantly different from other joint ventures, the difference is functionally superficial...

Antitrust, properly understood, plays a modest role in constraining commercial behavior. With respect to unilateral conduct, it does not prohibit monopoly or the fortuitous or quality-based acquisition of the same. It generally permits dominant companies to enjoy the fruits of their positions...

Whether an act gives rise to liability should turn on its tendency to yield particular outcomes, rather than on its ultimate effect, which may have resulted from extraneous factors beyond the actor’s control and foresight. This principle is firmly engrained in jurisprudence, yet antitrust...

"Antitrust needs an overhaul. So cry neo-Brandeisians, who urge a crackdown on industrial concentration. To the alarm of mainstream antitrust thinkers, the critics have found traction. Hostility to modern competition policy, however, did not arise in a vacuum. This polarized era has seen...

This article develops a novel theory by which to construe the interaction between the patent and antitrust laws. The rules of these respective disciplines are often portrayed as conflicting in means, yet harmonious in purpose. Although the intellectual property and antitrust laws have ostensibly...