antitrust and competition

Did the Supreme Court Fix “Brown Shoe”?

The Supreme Court’s 1962 Brown Shoe decision, which found a merger to be anticompetitive even though it would have reduced prices for consumers, remains...

The Antitrust Problem of Zero-Rating

Dominant web services will often incentivize mobile phone carriers to provide their customers access to their services at zero cost to the customer’s data plan, also known as zero-rating. In new research, Bruno Renzetti argues that this behavior can be a form of exclusionary conduct designed to solidify the monopolies of dominant online platforms and services that ultimately harms consumers even if it appears to lower their data costs at first glance.

How To Handle Big Tech Acquisitions Under Uncertainty

The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now attempting to...

Fair Treatment of Consumers at Any Price?

Many scholars and policymakers have suggested regulating firms’ ability to price discriminate between consumers when they operate in a market prone to inactive users,...

“Consumer Welfare Is Dead”: What Do We Do Instead?—A Perspective from Europe

“Consumer Welfare” has lost its place as the animating value and standard for modern antitrust. The standard is almost universally regarded as bunk and...

Understanding the DOJ’s Decision To Seek a Jury Trial in the Google Ad Tech Case

The Department of Justice recently sued Google for conduct relating to its ad tech services, accusing the search giant of unlawful monopolization. In an...

Gauging Common Ownership in Fintech Markets

A new empirical paper estimates the scope and impact of common ownership in fintech markets. The authors find limited common ownership among private fintech...

Structuring a Structural Presumption for Merger Review

The consumer welfare standard can’t be saved with more theory. The problem is how it works in practice, and solving that means changing the...

Race and the Consumer Welfare Standard

The consumer welfare standard employs a collective consumer in its model when evaluating possibly anticompetitive behavior. This aggregated approach fails to recognize that such...

Today’s Tax Code Empowers Monopolistic Corporations. It Has Been and Can Be Different

Niko Lusiani and Susan Holmberg write that the United States should tax profitable corporations not just to raise revenue and redistribute unequal gains but...

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