Market definition remains a critical part of most antitrust cases, despite attempts to obviate it. While many … commentators have argued that a particular policy change may theoretically broaden or narrow antitrust markets, and thereby affect … substantive antitrust enforcement, none has empirically tested the hypothesis. This article does so—albeit crudely—for one class …

This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time …

This paper considers the effect of taxes on the definition of relevant markets in antitrust analysis by examining …

. Patent pools constitute one potential mechanism to navigate such obstacles. This article examines how antitrust law may … impede patent pools from creating or increasing market power and, thereby, constrain pool usage. Current antitrust law … antitrust treatment of patent pools may be too strict because it does not sufficiently accommodate the type of technological …

levels: first as a gap filler, i.e., to help explain “real world” evidence that neoclassical economic theory cannot explain … economics (with its more realistic assumptions of human behavior) goes mainstream in academia and the business world, one …; second to assess critically the assumptions of specific antitrust policies, such as merger review and cartel prosecutions …

The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent … antitrust cases concluding that the settlement agreements are legal per se so long as their pay-for-delay provisions fall … “within the scope of the patent.” The essay explains why proper antitrust analysis calls for separate attention to the scope …

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation … finance rules and antitrust's prevailing legal standard, a flexible fact-specific rule of reason …

In modern antitrust law, intellectual and other forms of property have been treated symmetrically as a matter of … principle. Recent actions by the Federal Trade Commission and Antitrust Division of the Department of Justice, however, sound a … preliminary injunctions or exclusion orders; arguing that breach of a FRAND commitment constitutes an antitrust violation; and …