Predatory innovation theories claim that firms sometimes obtain or retain dominance by modifying products or introducing new technologies to foreclose rivals. U.S. antitrust law has permitted such claims in some circumstances, but subject to skepticism that courts or agencies are capable of...

Since we abhor suspense, we will quickly answer the question our title poses: No. As a general matter, bundled discounting schemes lower prices to consumers unless they are predatory - that is to say, unless they exclude rivals and thereby permit the bundled discounter to price free of...

Google's perceived dominance in Internet search, and the perception that Google exploits this dominance to favor its own websites and service, has led to call for a mandatory legal requirement of "search neutrality." This essay argues that a general principle of search neutrality ignores the...

The two leading merger systems - those of the United States and the European Union - treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over...

The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler's rise to power and the Third Reich's wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and...

"Intellectual property" is increasingly a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in inventive and creative activity are increasingly being granted in the form of liability rights (which allow the holder of the right to collect a...

Antitrust law is moving away from rules (ex ante, limited factor liability determinants) and toward standards (ex post, multi-factor liability determinants). This movement has important consequences for the structure of antitrust adjudication, including shifting ultimate decision-making down the...