This is a survey of the economic principles that underlie antitrust law and how those principles relate to competition policy. We address four core subject areas: market power, collusion, mergers between competitors, and monopolization. In each area, we select the most relevant portions of...

We model merger control procedures as a process of sequential acquisition of information and compare US and EU procedures. In the US, the authorities do not have to justify their decision to require further information (issue a second request), whereas in the EU, the authorities face a different...

We model merger control procedures as a process of sequential acquisition of information in which mergers can be cleared after a first phase of investigation. We find that the enforceability of clearance decisions at the end of the first phase is unattractive to the extent that it prevents the...

This paper provides a comparative analysis of methods for the empirical ex post evaluation of merger control decisions. It develops a competition-policy oriented framework of assessment criteria for the leading evaluation methods and applies them to structural modeling and simulation,...

Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote...

Causation is one of the most underexplored areas in antitrust law. What must a plaintiff show to connect a defendant’s conduct with anticompetitive effects? Several tests are possible, including “but for” causation, proximate cause, sole causation, reasonable connection, and increased...

An EC Green Paper in 2005 asked for comments on an array of possible reform measures aimed at encouraging private antitrust damage actions in the national courts of the EC’s member states. One of the questions the Green Paper raised was “how should damages be defined?” Should they be...

Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private actions. Today the Supreme Court complains...

This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a...

This article is adapted for the Journal of Internet Law from a more in-depth article that the author has published: Resale Price Maintenance: The Internet Phenomenon and Free Rider Issues, 55 Antitrust Bulletin 473 (2010). It examines the characteristics of the Internet, online retailing, and...