When, if ever, should antitrust condemn an act of invention? If the law seeks to foster innovation, as surely it does, one might imagine that it would never question the legitimacy of a newly commercialized technology. Such a perspective rightly informs the law’s skeptical reception of claims...

The basic operational premise of the U.S. antitrust system posits that one can reliably demarcate business conduct into two distinct classes, specifically unilateral and concerted behavior. Professional sports leagues and other complex ventures confound this premise, engaging in arrangements...

Two premises underlie state health care antitrust law reform measures. The first presumes that the federal antitrust laws prevent efficiency-enhancing collaborations and that, by displacing the federal regime, states can encourage health care firms to generate cost savings that they in turn will...

This Article will argue that single-entity status is inappropriate and unnecessary for professional sports leagues. It will proffer that while professional sports leagues might initially appear to be significantly different from other joint ventures, the difference is functionally superficial...

Though antitrust law contains many theories and assumptions with weak or non-existent empirical support, the two described above have not been selected at random. This paper concerns itself generally with hospital mergers and, in particular, with the case of FTC v. Butterworth Health Corp., a...

In Eastman Kodak Co. v. Image Technical Services, the United States Supreme Court quietly revolutionized antitrust jurisprudence. Holding that "difficult and costly" information gaps in markets for "complex durable goods" can confer "market power" on sellers in those markets, regardless of their...

This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development.A set of expert...

Antitrust, properly understood, plays a modest role in constraining commercial behavior. With respect to unilateral conduct, it does not prohibit monopoly or the fortuitous or quality-based acquisition of the same. It generally permits dominant companies to enjoy the fruits of their positions...

In March 2011, the Federal Trade Commission released an eagerly awaited report on the U.S. patent system. The FTC advances a series of recommendations separately aimed at ameliorating the dire levels of notice imparted by most patents and correcting erroneous judicial practices that too-often...