The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...

This article is both a short introduction to the Consumer Choice explanation for Competition Law or Antitrust Law, and also a short advocacy piece suggesting that Consumer Choice is the best way to articulate the goals of European Competition Law and United States Antitrust Law.This article...

This article shows that private enforcement of the U. S. antitrust laws-which usually is derided as essentially worthless-serves as a more important deterrent of anticompetitive behavior than the most esteemed antitrust program in the world, criminal enforcement by the Antitrust Division of the...

This article analyzes whether the Health Care Quality Improvement Act (HCQIA) effects any real change in peer-review litigation under the antitrust laws. Although HCQIA's protection from legal liability is not limited to antitrust cases, the threat of antitrust liability provided the primary...

Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other...

Discussions of the future of competition law on the transnational level often reflect assumptions about the role of economics. Perhaps the most pivotal of these assumptions is that economics can provide a basis for global competition law convergence. It is pivotal, because choices and strategies...

Uncertainty has been an increasingly central theme in discussions of competition law in Europe since the beginning of “modernization” efforts in the 1990s. This may seem paradoxical, because the modernization programs – both institutional and substantive – were intended to reduce the...

Competition law officials and economic policy decision makers in developing countries often face a dilemma. They are often told by foreign advisers that they should adopt a form of competition law that relies on economics to provide the standard for competition law liability – i.e., the norms...

Injunctions for standard essential patents (SEPs) — that is, patents that are essential to practice an industry standard — have been at the center of the antitrust debate for more than a decade. In July 2015, the Court of Justice of the European Union (CJEU) issued its long awaited decision...