In Sebelius v. Hobby Lobby Stores,Inc. the Obama Administration contends that for-profit corporations are not “persons” under the Religious Freedom Restoration Act (“RFRA”) and thus cannot avail themselves of RFRA's protections. In a brief amicus curiae, 44 scholars of corporate and...

This article examines and critiques the distinction that courts currently draw under Section 2 of the Sherman Act between quot;competition on the merits,quot; on the one hand, and contractual exclusion, on the other. The article finds the source of this distinction in neoclassical price theory,...

The Sherman Act's distinction between "unilateral" and "concerted" action is particularly salient where intrabrand restraints are concerned. Minimum resale price maintenance that takes the form of concerted action is unlawful per se, while price maintenance that takes place within a single firm...

For several decades antitrust courts were extremely hostile to exclusive dealing agreements, banning such contracts, regardless of their benefits, whenever the manufacturer held a significant market share. The FTC went even further, banning such agreements whenever the manufacturer had a...