This article reviews the increased receptivity of the courts and commentators to the admission and consideration of evidence of proposed unilateral fixes after an antitrust complaint has been filed under Section 7 of the Clayton Act, and analyzes whether there is a sound basis on...

Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships." Despite the assiduous efforts of economists and lawyers...

This article discusses the historical, cultural, and philosophical values that have helped mold modern China and its powerful and thriving economy, and examines how they have helped shape and influence China's current Anti-Monopoly Law, which has been in effect since 2008. China's Anti-Monopoly...

In recent years, a number of antitrust scholars, including the author, have sought to catalyze a new dialogue and debate, as to whether antitrust analyses and decisions should recognize and pay homage to moral norms of fairness and ethics. This article attempts to further spur this debate by...

This article reconsiders the issue of efficiencies and antitrust from the perspectives of evolutionary biology and the growing field of evolutionary economics. The article begins by discussing how the term efficiency as currently used in antitrust today is more of a term of social science and...

Building upon the evolutionary analyses in previous papers, this article recommends a new philosophical antitrust double helix that will generate increased enforcement of and compliance with the language and spirit of Section 2 of the Sherman Act and Section 7 of the Clayton Act. Following...

This Article traces Congress's consistent balancing and blending of social, political, moral, and economic values and objectives over the course of nearly 120 years of antitrust legislation. As a starting point, a plethora of outstanding and insightful scholarship analyzing Congress's objectives...

This Article reconsiders the antitrust fairness-versus-welfare debate from an evolutionary perspective. It discusses the various arguments against applying fairness norms in antitrust cases and then sets forth the arguments for reincorporating fairness norms into antitrust analyses. Building...