David Evans, May 20, 2011
This article examines antitrust analysis when one of the possible subject products of an antitrust or merger is ordinarily offered at a zero price. It shows that businesses often offer a product for free because it increases the overall profits they can earn from selling the free product and a companion product to either the same customer or different customers. The companion product may be a complement, a premium version of the free product, or the product on the other side of a two-sided market. The article then shows how antitrust and merger analysis should proceed when the subject is either the free product or the companion product. A key point is that the existence of a free good signals that there is a companion good, that firms consider both products simultaneously in maximizing profit, and that commonly used methods of antitrust analysis, including market definition, probably need to be adjusted to properly analyze two inextricably linked products. When antitrust or merger analysis involves a free product, the analysis of consumer welfare and injury also needs to account for customers of both the free product and its companion product since any change in market conditions for customers of one product affects the customers of the other product. Much of the analysis of the article is also relevant to other common situations in which price is set less than marginal cost.
Featured News
Federal Antitrust Suit Targeting Aircraft Engine Sales Practices Is Settled
Dec 31, 2025 by
CPI
CFTC Withdraws Guidance on ‘Actual Delivery’ in Crypto Transactions, Leaving Regulatory Void
Dec 31, 2025 by
CPI
Coalition of State AGs Push Back Against FCC Proposal Seeking to Preempt State AI Laws
Dec 31, 2025 by
CPI
Apple Seeks to Overturn £1.5 Billion UK App Store Antitrust Ruling
Dec 31, 2025 by
CPI
Age-Restriction Laws Are Proliferating; So Too Are the Difficult Tradeoffs Policymakers Face
Dec 23, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – CRESSE Insights
Dec 16, 2025 by
CPI
Learning from Divergence: The Role of Cross-Country Comparisons in the Evaluation of the DMA
Dec 16, 2025 by
Federico Bruni
New Regulatory Tools for the EU Foreign Direct Investment Screening and Foreign Subsidies Regulation
Dec 16, 2025 by
Ioannis Kokkoris
“Suite Dreams”: Market Definition and Complementarity in the Digital Age
Dec 16, 2025 by
Romain Bizet & Matteo Foschi
The Interaction Between Competition Policy and Consumer Protection: Institutional Design, Behavioral Insights, and Emerging Challenges in Digital Markets
Dec 16, 2025 by
Alessandra Tonazzi