The conservative critique of antitrust law has been highly influential. It has facilitated a transformation of antitrust standards of conduct… Continue reading →
We explore the implications of the widely accepted understanding that competition law is common—or “judge-made”—law. Specifically, we ask how the… Continue reading →
Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested… Continue reading →
For decades, the major United States airlines have raised passenger fares through coordinated fare-setting when their route networks overlap, according… Continue reading →
The extent to which horizontal mergers deliver competitive benefits that offset any potential for competitive harm is a critical issue… Continue reading →
There is a growing concern over concentration and market power in a broad range of industrial sectors in the United… Continue reading →
A nascent competitor is a firm whose prospective innovation represents a serious threat to an incumbent. Protecting such competition is… Continue reading →
The Chicago School of antitrust has benefitted from a great deal of law office history, written by admiring advocates rather… Continue reading →
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →