Steven Salop

Steven Salop is a Professor of Economics and Law at the Georgetown University Law Center in Washington, DC, where he teaches antitrust law and economics. His research and consulting focuses on antitrust, competition, and regulation. He has written numerous articles in various areas of antitrust and competition which take a modern “Post-Chicago” approach. These include a number of articles with various co-authors on the competitive effects of vertical mergers. Professor Salop has also written economics and law articles focused on various types of exclusionary conduct, monopolization, analysis of various aspects of horizontal mergers and joint ventures, facilitating practices, and role of decision theory in legal rulemaking. Professor Salop earned a BA degree at the University of Pennsylvania, Summa Cum Laude, and an M.Phil. and PhD in Economics from Yale University. Professor Salop has been honored with lifetime achievement awards from the AALS antitrust section and the American Antitrust Institute.

Revising Guideline 6 With Evidence To Establish a Structural Inference for Input Foreclosure

Vertical merger law lacks the structural presumption of horizontal merger law, which shifts the burden from the government to the merging parties to provide evidence that a merger will not produce anticompetitive effects when it is known that the merger will substantially increase market concentration. To improve Guideline 6 of the draft Merger Guidelines concerning vertical foreclosure, Steven Salop develops a three-factor criteria with which the government antitrust agencies can show an analogous structural “inference” that shifts the burden of evidence to the merging parties.

Steven Salop: Burdens of Proof and Presumptions in the Merger Guidelines

Steven Salop provides his round-two comments on the draft Merger Guidelines.

Steven Salop and Jennifer Sturiale: Vertical Merger Enforcement in the Draft Merger Guidelines

Steven Salop and Jennifer Sturiale provide their round-one comments on the draft Merger Guidelines.

The Reasonable Competitive Conduct Standard for Antitrust

The Stigler Center’s 2023 Antitrust and Competition conference seeks to answer the question: what lays beyond the consumer welfare standard? In advance...

An Excessive Evidentiary Burden Sunk the FTC’s Case Against the Meta/Within Merger

In early February, a district court judge rejected the FTC’s preliminary injunction suit to block Meta’s purchase of Within, a developer of...

When Rhetoric Confronts Economic Reality: Unsupported Efficiency Claims and Unenforceable Promises Cannot Save the Book Publishers Deal

In trying to get their merger approved, Penguin and Simon & Schuster claimed massive, but unverified cost savings. They also have promised...

The FTC Should Quickly Issue New Section 5 Enforcement Guidelines

Unfair methods of competition are prohibited by Section 5 of the Federal Trade Commission (FTC) Act. The FTC has withdrawn the existing...

Why Congress Should Pass the American Innovation and Choice Online Act

The bill, which is the Senate is expected to vote on soon, would improve competition, increase innovation, benefit consumers, and provide the...

The FTC Was Correct to Withdraw the Vertical Merger Guidelines

The 2020 Vertical Merger Guidelines, now withdrawn by the FTC, did not represent sound merger policy, argues Steven Salop; rather, they were...

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Revising Guideline 6 With Evidence To Establish a Structural Inference for Input Foreclosure

Vertical merger law lacks the structural presumption of horizontal merger law, which shifts the burden from the government to the merging parties to provide evidence that a merger will not produce anticompetitive effects when it is known that the merger will substantially increase market concentration. To improve Guideline 6 of the draft Merger Guidelines concerning vertical foreclosure, Steven Salop develops a three-factor criteria with which the government antitrust agencies can show an analogous structural “inference” that shifts the burden of evidence to the merging parties.

How US Antitrust Enforcement Against Xerox Promoted Innovation by Japanese Competitors

Xerox invented modern copier technology and was so successful that its brand name became a verb. In 1972, U.S. antitrust authorities charged Xerox with monopolization and eventually ordered the licensing of all its copier-related patents. As new research by Robin Mamrak shows, this antitrust intervention promoted subsequent innovation in the copier industry, but only among Japanese competitors. Nevertheless, their innovations benefited U.S. consumers.

Revising the Merger Guidelines To Return Antitrust to a Sound Economic and Legal Foundation

The draft Merger Guidelines largely replace the consumer welfare standard of the Chicago School with the lessening of competition principle found in the 1914 Clayton Act. This shift would enable the Federal Trade Commission and Department of Justice Antitrust Division to utilize the full extent of modern economics to respond to rising concentration and its harmful effects, writes John Kwoka.

How Anthony Downs’s Analysis Explains Rational Voters’ Preferences for Populism

In new research, Cyril Hédoin and Alexandre Chirat use the rational-choice theory of economist Anthony Downs to explain how populism rationally arises to challenge established institutions of liberal democracy.

The Impact of Large Institutional Investors on Innovation Is Not as Positive as One Might Expect

In a new paper, Bing Guo, Dennis C. Hutschenreiter, David Pérez-Castrillo, and Anna Toldrà-Simats study how large institutional investors impact firm innovation. The authors find that large institutional investors encourage internal research and development but discourage firm acquisitions that would add patents and knowledge to their firms’ portfolios, hampering overall innovation.

The FTC Needs To Focus Arguments on Technological Transitions After High-Profile Losses

Joshua Gray and Cristian Santesteban argue that the Federal Trade Commission's focus in Meta-Within and Microsoft-Activision on narrow markets like VR fitness apps and consoles missed the boat on the real competition issue: the threat to future competition in nascent markets like VR platforms and cloud gaming.

We Need Better Research on the Relationship Between Market Power and Productivity in the Hospital Industry

Antitrust debates have largely ignored questions about the relationship between market power and productivity, and scholars have provided little guidance on the issue due to data limitations. However, data is plentiful on the hospital industry for both market power and operating costs and productivity, and researchers need to take advantage, writes David Ennis.