Agencies and legislators have raised concerns that acquisitions backed by private equity (PE) threaten competition, but few, if any, have offered explanations as to why they pose a unique threat. In this article, we argue that PE-backed acquisitions may avoid antitrust enforcement because they...

In Japan, newspapers enjoy a special exemption from antimonopoly prohibitions against resale price maintenance (suppliers’ stipulations that bar downstream firms from price discounting), but are each required to set uniform prices throughout Japan. In fact, the newspapers have rarely changed...

In its landmark ruling in Illinois Brick Co. v. Illinois in 1977, the U.S. Supreme Court restricted standing to sue for recovery of antitrust damages to direct purchasers. However, antitrust damages are typically (in part) passed on to intermediaries lower in the chain of production and...

Facebook, Amazon, Netflix and Google, as well as Twitter – the FANG companies – have transformed society with both positive and negative effects. Soaring consumer access to information, news, social networks, and entertainment has been stimulated by the ever-more ubiquitous and falling...

We take for granted that the basic choice in public policy is between allocation of resources by government bureaucracy, on the one hand, or allocation by markets, on the other. But that dichotomy is false, and at least under contemporary circumstances it is more accurate to describe the choice...

Classical approaches to the law, even statutory law, teach that its purpose is to codify behavioral rules creating clear expectations about the consequences of human interactions. Stability and predictability are the rule of law’s hallmarks. The present essay explores those principles within...

This paper introduces optimal competition: the best form of competition in an industry that a competition authority can achieve under the information constraint that it cannot observe firms' effciency levels. We show that the optimal competition outcome in an industry becomes more competitive as...

Since the 1970s, at any given movie theater, one price has been charged for all movies, seven days a week, throughout the year. This Article studies the economic and legal causes that led to the formation of this peculiar phenomenon of uniform pricing for differentiated goods. The Article...

The UK Office of Fair Trading (OFT) has been a highly rated competition law enforcer. Yet its antitrust performance activities fall far short of this image. Here a critical assessment is made of the OFT's antitrust enforcement activities, and the claim that there is quantitative survey evidence...

Governments must anticipate today's fast moving technologies to be effective. Blockchain potentially is the ideal tool to assist antitrust in enforcing regulation and fully exploiting its core principles—competition and consumer welfare. Blockchain offers antitrust an enormous opportunity and...