By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the…

California was the first state to enact comprehensive consumer privacy legislation in 2018.  Since then, 19 other states have done so, but have added to or subtracted from California’s approach. …

The internet relies on cookies and personalized advertising to provide services at zero nominal prices. Current privacy regulations in the EU and U.S. use a notice-and-consent model, assuming users understand…

By Luke M. Froeb1 & Michael Vita2   I. Focus on Consumer Welfare In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer…

Remedies are a critical part of merger enforcement and policy. Despite this, current policy on merger remedies lacks coherence and certain features work against the broader goal of vigorous merger…

The 2017 FTC’s “Merger Remedies 2006-2012″ study is the most comprehensive evaluation of remedies conducted to date. It has been widely cited for the proposition that the agency’s remedies were…

The examination in this paper of some proposed and actual antitrust remedies in tech reveals such severe limitations that it is time to seek a reformed institutional arrangement for protecting…

This article discusses recent developments in the U.S. government’s antitrust case against Google relating to its dominance in general search and search text advertising markets. The author provides a point-counterpoint…

Deference to administrative agencies’ interpretations of ambiguous statutory provisions has been a hallmark of administrative law and regulatory policy for the past forty years. The Supreme Court recently upended that…

On June 28, 2024, the Supreme Court ruled in Loper Bright Enterprises v. Raimondo that courts, not agencies, are responsible for interpreting federal statutes and that agency interpretations of statutes…

This article showcases why the patent system’s oft-overlooked role as a promotive tool of innovative SMEs must receive more attention, including in the antitrust context. Patents are frequently touted as…

The refusal to deal claim in antitrust is, at its core, a prohibition on discriminatory supply of an input to downstream buyers. However, all in-house production requires such discrimination in…