In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent consumers from being able to bring any claim in any forum. In American Express Co. v. Italian...

For nearly forty years, since the Supreme Court decision in Illinois Brick, federal antitrust law has prevented indirect purchasers from complaining of overcharges caused by antitrust violations. The Court reasoned that direct purchasers are the best and most motivated antitrust plaintiffs. But...

We have two conceptions of the relationship between antitrust and patent: in tension or complementary. In reality, both conceptions have an element of truth; the relationship is multidimensional. The relationship between antitrust law and patent law involves a series of trade-offs: How much...

This paper reviews, and proposes revisions to, the government's Corporate Leniency Policy, which confers leniency upon the first member of a price-fixing cartel to expose the illegal activity to the DOJ's Antitrust Division. Three important limitations apply. First, the ringleader of the cartel...

Antitrust law promotes competition in the service of economic efficiency. Government regulation may or may not promote either competition or efficiency, depending on both the goals of the agency and the effects of industry "capture." Antitrust courts have long included regulated industries...

This amicus brief supports the FTC's position in the 2d Circuit appeal of 1-800 Contacts v. FTC. The brief was joined by 29 intellectual property, Internet law, and antitrust professors.The case involves 1-800 Contacts' settlement agreements with its online competitors in which they agreed not...

Antitrust is atomistic: deliberately focused on trees, not forests. It pays attention to the consequences of individual acts alleged to be anticompetitive.That focus is misplaced. Companies and markets don’t focus on one particular act to the exclusion of all else. Business strategy emphasizes...

The premise that IP promotes dynamic efficiency while antitrust concentrates on static welfare is wrong, or at least oversimplified. It proceeds from a fundamentally Schumpeterian assumption that competition will not lead to innovation, and we need the lure of monopoly to drive investment in new...