In response to the increasing popularity and economic impact of companies in the Internet ecosystem, the Federal Trade Commission is being implored with vocal but factually vacant calls to revisit its approach to antitrust, and in particular market power, barriers to entry and anti-competitive...

Antitrust doctrine is under heavy fire in the academic literature. Modern criticism of antitrust doctrine attacks three ‘limits’ that would excessively constrain enforcement of the law: (i) the consumer welfare standard, (ii) the rule of reason, and (iii) a self-imposed neglect of labor...

This article examines the Program Access provisions contained in the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act"), which sought to promote entry into local distribution markets through interim limits on strategic vertical restraints between vertically integrated...

We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its...

In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong...

Multiemployer collective bargaining relationships between unions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers’ employees, the employers have much to gain from banding together as an association,...

In this paper we apply a general model of one-sided and two-sided platform businesses to a collusive framework which we model as joint profit maximization. We have a particular interest in how the social loss and other metrics depend on the strength of the network (direct or indirect) effect. We...

Complexity science is widely used across the policy spectrum but not in antitrust. This is unfortunate. Complexity science enables a rich understanding of competition beyond the simplistic descriptions of markets and firms proposed by neoclassical models and their contemporary neo-Brandeisian...

This POLICY PAPER presents an economic model showing how incumbent local exchange carriers may deter efficient facilities-based entry for high capacity loop facilities through the use of quantity-discount contracts for Special Access services. Since efficient entry is deterred, these contracts...

This paper studies competition in the German market for mobile telecommunications, motivated by recent suggestions that T-Mobile and Vodafone possess a position of collective dominance. Allegedly, their position of joint dominance is secured through a combination of first-mover advantages and...