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Andrew I. Gavil

Andy Gavil has been a member of the faculty at the Howard University School of Law since 1989 and currently teaches courses on antitrust law, civil procedure, complex litigation, federal courts, and Supreme Court Jurisprudence (seminar). He has written, lectured, and commented extensively on antitrust law and procedure and is a co-author with Professors William E. Kovacic and Jonathan B. Baker of "Antitrust Law in Perspective: Cases Concepts and Problems in Competition Policy" (5th ed. 2024), and with Professor Harry First of "Microsoft and the Globalization of Antitrust Law: Competition Policy for the Twenty-First Century" (2014). From September 2012 to December 2014, Gavil served as the Director of the Office of Policy Planning at the U.S. Federal Trade Commission.
Antitrust and Competition

More Heraclitus than Kuhn

Andrew I. Gavil
Andrew Gavil examines the Biden Administration's antitrust policy, placing it in the broader historical context of evolving competition law. He questions the fit of Kuhn’s concept of paradigm shift for antitrust policy and argues instead that Biden's initiatives reflect the unique demands of the digital economy and the true nature of antitrust, which is ever evolving.
Antitrust and Competition

Trinko Creep

Andrew I. Gavil
Verizon Communications Inc. v. Trinko departed from the legal principles regulating refusals to deal under Section 2 of the Sherman Act. The 2004 Supreme Court opinion also embedded an ideological preference for non-intervention that has spread to other areas of antitrust law, eroding its ability to deter anticompetitive conduct. On its own terms, however, there are opportunities to distinguish and constrain Trinko, writes Andrew I. Gavil.
Antitrust and Competition

Locating Competitive Process Claims in the Consumer Welfare Debate

Andrew I. Gavil
Debates about the consumer welfare standard have failed to produce a consensus around either its scope or an alternative standard. Regardless of the outcome...

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ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.