The Lawful Acquisition and Exercise of Monopoly Power and Its Implications for the Objectives of Antitrust
David Evans, Keith Hylton, Nov 01, 2008
The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise prices and curtail output. That tradeoff results in antitrust laws that allow competition in the market and for the market, even if that rivalry results in a single firm emerging as a monopoly, but also prevent firms from engaging in practices that go out of bounds. The antitrust laws ultimately regulate the boundaries of the game of competition. Three implications follow: First, the antitrust laws and intellectual property laws are based on similar policy tradeoffs between static and dynamic effects. Second, the antitrust rules have, all along, been based on this tradeoff and not on the effects of business practices on static consumer welfare in relevant antitrust markets. Third, one unintended consequence of the increased role of economics in antitrust analysis is to overemphasize the static considerations which are almost the sole focus of the economics literature considered by courts and competition authorities.
Featured News
FTC Moves to Block Henkel Deal for Liquid Nails Owner
Dec 14, 2025 by
CPI
US Appeals Court Hears Challenge to False Claims Act Whistleblower Powers
Dec 14, 2025 by
CPI
Federal Judge Again Throws Out Antitrust Lawsuit Against Visa
Dec 14, 2025 by
CPI
California Judge Expands Antitrust Lawsuit Against Live Nation and Ticketmaster
Dec 14, 2025 by
CPI
NY Laws Requires Disclosure of AI Actors in Ads, Limit Use of Person’s Image After Death
Dec 12, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Acqui-hiring
Dec 11, 2025 by
CPI
Anticompetitive Effects of Acquihires: Labor and Product Markets
Dec 11, 2025 by
Heski Bar-Isaac, Justin Johnson & Volker Nocke
Acquihires In the Technology Sector: Antitrust Scrutiny Through the Lens of Economics
Dec 11, 2025 by
Juliette Caminade, Rebecca Kirk Fair, Zsolt Udvari & Jeanne Vellard Smith
M&A in the AI Era: Considerations for Acquihiring
Dec 11, 2025 by
Ingrid Vandenborre, Kenneth Schwartz, Christopher Barlow, Page Griffin, Michael Cardella, Stuart Levi, Taylor Votek, Benjamin Salzer, Lisa G. Liu & Liz Kraus
Lock Them Up, or Take No Prisoners? Merger Policy and Acquiring AI Talent: Human Rights and Other Inconvenient Facts
Dec 11, 2025 by
Simon R. Pritchard