Antitrust guarantees a particular distribution of wealth between consumers and producers. Big data allows firms with pricing power to identify the highest price a consumer is willing to pay for a good and charge it to her. The practice upends the current distribution of wealth by allowing firms...

In limiting the patent term to twenty years, Congress sought to use competition to make patented products available to the public at low prices once inventors have reaped the fruits of the exclusivity provided by the patent grant. But competition has in practice proven an unreliable method of...

It is easy to get the impression from reading economics that property generally, and property in ideas in particular, is efficient. This impression is meaningful because it suggests that there is no efficiency rationale for government regulation of any kind other than the institution and defense...

Law and economics are both hostile to liability for exposure to risk without actual harm. Harm is the foundation of civil remedies. Economics teaches that adequate compensation in the event of harm eliminates risk, obviating the need for compensation for exposure. I show that if there is risk...

Antitrust prohibits cartels from charging monopoly prices but does not prohibit monopolies from charging monopoly prices. Antitrust does not ban monopoly pricing by monopolies because it thinks that unless a monopoly takes affirmative action to exclude competitors, competitors will enter the...

Attacks on Amazon, Google, and Facebook have tended to ignore a key lesson of the theory of monopolistic competition: that big is not always bad. A monopolist grows large because consumers prefer the firm’s products. The only question for the antitrust laws is whether consumers prefer the...

Contemporary American interest in using antitrust law to address wealth inequality is a symptom of American political dysfunction rather than a reflection of any intellectual advance regarding the sources of inequality. Indeed, both the original American progressives of a century ago, as well as...

Policymakers’ current approach to the problem of online misinformation, which revolves around defining the circumstances under which content platforms like Twitter and Facebook may be held liable for the speech of their users, fails to get at the root cause of the problem: the low cost of...

Antitrust law and policy today are a semi-coherent welter of legal and economic doctrines. Immanent in them, however, is a structure of great simplicity and utility. The concept at the heart of the antitrust laws is the linear supply chain, consisting of an essential input, a downstream market...

Supply chains are fundamental to antitrust because no firm can exclude competitors without denying them access to inputs. But this does not mean that antitrust policy can reduce inflation caused by supply chain disruption or effectively redistribute wealth between different levels of a supply...