Federal Trade Commission v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), rev’d, 969 F.3d 974 (9th Cir. 2020), is the most consequential government monopolization case since Microsoft. Little commentary on the case discerns and engages, at the level of proof rather than theory, the...

Will the U.S. International Trade Commission (ITC) or the Antitrust Division set policy on monopoly and innovation? I submit this memorandum to the Antitrust Division to pose this question, which arises from the ITC's serious misapplication of antitrust law and economics in Investigation No....

Can the standard merger analysis of the Department of Justice's and Federal Trade Commission's Horizontal Merger Guidelines accommodate mergers in high-technology industries? In its April 2007 report to Congress, the Antitrust Modernization Commission (AMC) answered that question in the...