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
US Judge Allows COVID-Era Price Gouging Lawsuit Against Amazon to Proceed
Jan 6, 2026 by
CPI
DOJ Signals Continued Scrutiny of Real Estate Commission Rules
Jan 6, 2026 by
CPI
Morrison Foerster Announces 17 New Partners for 2026
Jan 6, 2026 by
CPI
UK Presses X to Curb AI-Generated Deepfake Images as Europe Raises Alarm
Jan 6, 2026 by
CPI
NASCAR Commissioner Steve Phelps to Step Down Following Antitrust Lawsuit Fallout
Jan 6, 2026 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