Many online businesses, including most of the largest platforms, seek and provide attention. These online attention rivals provide products and features to obtain the attention of consumers and sell some of that attention, through other products and services, to merchants, developers and others...

Behavioral economics is now mainstream. It is also timely. The financial crisis raised important issues of market failure, weak regulation, moral hazard, and our lack of understanding about how many markets actually operate.As behavioral economics (with its more realistic assumptions of human...

This paper evaluates the effect on competition of adopting the FTC's product hopping theory as an antitrust doctrine. The paper criticizes the theory and explains why it would be a mistake to adopt it as a guide to antitrust liability

I appreciate the opportunity to submit observations on the Statement of Scope (“SOS”) of the Market Study on “Online Platforms and Digital Advertising”. This Market Study is welcome given the importance of digital advertising for online content providers (which I will refer to as...

Neil Averitt and Robert Lande have for some time been writing about consumer choice as a new paradigm for antitrust. In this comment, I both praise and extend the consumer choice paradigm and provide concrete examples of both cutting edge and familiar antitrust issues where consumer choice can...

This article determines the overall purpose of the Antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the Antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or...

A reform movement is underway in antitrust. Citing prior enforcement failures, deviations from the original intent of the antitrust laws, and overall rising levels of sector concentration, some are seeking to fundamentally alter or altogether replace the current consumer welfare standard, which...

Since the publication of Robert Bork's The Antitrust Paradox, lawyers, judges, and many economists have defended “Consumer welfare” (CW) as a standard for decisions about antitrust goals and enforcement priorities. This paper argues that the CW is actually an empty concept and is an...

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two components of a...