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    • All HBS Web  (259)
      • Faculty Publications  (61)

      Antitrust Remove Antitrust →

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      • October 17, 2022
      • Article

      When Climate Collaboration Is Treated as an Antitrust Violation

      By: Matteo Gasparini, Knut Haanaes and Peter Tufano
      Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,...  View Details
      Keywords: Climate Impact; Climate Finance; Antitrust; Anti-trust; Climate Change; Environmental Regulation; Law
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      Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
      • 2022
      • Article

      Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response

      By: Alexander MacKay and Samuel N. Weinstein
      Pricing algorithms are rapidly transforming markets, from ride-sharing apps, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate...  View Details
      Keywords: Competition Policy; Regulation; Algorithmic Pricing; Dynamic Pricing; Economics; Law And Economics; Law And Regulation; Consumer Protection; Antitrust Law; Industrial Organization; Antitrust Issues And Policies; Technological Change: Choices And Consequences; Competition; Policy; Price; Governing Rules, Regulations, and Reforms; Microeconomics; Duopoly and Oligopoly; Law
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      MacKay, Alexander, and Samuel N. Weinstein. "Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response." Washington University Law Review 100, no. 1 (2022): 111–174. (Direct download.)
      • August 2022
      • Article

      The U.S. Approach to Antitrust Policy in Technology Markets

      By: Shane Greenstein
      This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,...  View Details
      Keywords: Antitrust; Lawsuits and Litigation; Information Technology; Competition
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      Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 2022).
      • 2021
      • Working Paper

      Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response

      By: Alexander J. MacKay and Samuel Weinstein
      Pricing algorithms are rapidly transforming markets, from ride-sharing apps, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate...  View Details
      Keywords: Competition Policy; Regulation; Algorithmic Pricing; Dynamic Pricing; Law And Economics; Law And Regulation; Consumer Protection; Competition; Policy; Price; Governing Rules, Regulations, and Reforms; Economics
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      MacKay, Alexander J., and Samuel Weinstein. "Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response." Harvard Business School Working Paper, No. 22-050, January 2022. (Direct download.)
      • 2022
      • Working Paper

      Many Markets Make Good Neighbors: Multimarket Contact and Deposit Banking

      By: Jonathan Wallen and John Hatfield
      We investigate the relationship between the interest rates offered to consumers in a deposit banking market and the contact that banks in that market have with each other in other markets. We show, in a simple theoretical model, that such overlapping relationships...  View Details
      Keywords: Antitrust; Deposit Banking; Market Power; Multimarket Contact; Banks and Banking; Markets; Competition
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      Wallen, Jonathan, and John Hatfield. "Many Markets Make Good Neighbors: Multimarket Contact and Deposit Banking." Working Paper, January 2022.
      • October 18, 2021
      • Article

      To Regulate Network-Based Platforms, Look at Their Data

      By: Chiara Farronato and Daniel Björkegren
      Historically, antitrust authorities have taken a laissez-faire approach under the assumption that it is better to err on the side of not intervening when there is uncertainty. This has allowed companies like Google and Facebook to go on a shopping spree to acquire...  View Details
      Keywords: Antitrust Issues And Policies; Risk and Uncertainty; Digital Platforms; Competitive Advantage; Governing Rules, Regulations, and Reforms; Innovation and Invention; Information Technology Industry
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      Farronato, Chiara, and Daniel Björkegren. "To Regulate Network-Based Platforms, Look at Their Data." Harvard Business Review Digital Articles (October 18, 2021).
      • Article

      Regulating Hospital Prices Based on Market Concentration Is Likely to Leave High-Price Hospitals Unaffected

      By: Maximilian J. Pany, Michael E. Chernew and Leemore S. Dafny
      Concern about high hospital prices for commercially insured patients has motivated several proposals to regulate these prices. Such proposals often limit regulations to highly concentrated hospital markets. Using a large sample of 2017 US commercial insurance claims,...  View Details
      Keywords: Health Care Providers; Hospitals; Insurance Market Regulation; Price Regulation; Markets; Health Care and Treatment; Cost; Quality; Insurance; Price; Governing Rules, Regulations, and Reforms
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      Pany, Maximilian J., Michael E. Chernew, and Leemore S. Dafny. "Regulating Hospital Prices Based on Market Concentration Is Likely to Leave High-Price Hospitals Unaffected." Health Affairs 40, no. 9 (September 2021): 1386–1394.
      • Article

      The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets

      By: Leemore S. Dafny
      This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets.  View Details
      Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
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      Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
      • 2021
      • Government Testimony

      How Health Care Consolidation Is Contributing to Higher Prices and Spending, and Reforms That Could Bolster Antitrust Enforcement and Preserve and Promote Competition in Health Care Markets

      By: Leemore S. Dafny
      Reforms to antitrust law and enforcement can help to address rising healthcare prices and spending.  View Details
      Keywords: Antitrust Law; Health Care and Treatment; Consolidation; Price; Spending; Cost Management; Governing Rules, Regulations, and Reforms; Competition; United States
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      Dafny, Leemore S. "How Health Care Consolidation Is Contributing to Higher Prices and Spending, and Reforms That Could Bolster Antitrust Enforcement and Preserve and Promote Competition in Health Care Markets." Government Testimony, Washington, DC, United States, April 2021.
      • March 9, 2021
      • Article

      Addressing Consolidation in Health Care Markets

      By: Leemore S. Dafny
      This Viewpoint proposes three steps the Biden administration can take to slow consolidation within health care, which has been shown to raise costs without improving service or quality: better fund federal antitrust enforcement agencies; appoint agency heads committed...  View Details
      Keywords: Antitrust Issues And Policies; Health Care and Treatment; Markets; Consolidation; Competition; Government Administration
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      Dafny, Leemore S. "Addressing Consolidation in Health Care Markets." JAMA, the Journal of the American Medical Association 325, no. 10 (March 9, 2021): 927–928.
      • 2020
      • Working Paper

      Vertical Integration of Healthcare Providers Increases Self-Referrals and Can Reduce Downstream Competition: The Case of Hospital-Owned Skilled Nursing Facilities

      By: David Cutler, Leemore S. Dafny, David Grabowski, Steven S. Lee and Christopher Ody
      The landscape of the U.S. healthcare industry is changing dramatically as healthcare providers expand both within and across markets. While federal antitrust agencies have mounted several challenges to same-market combinations, they have not challenged any...  View Details
      Keywords: Antitrust; Health Care and Treatment; Vertical Integration; Organizational Structure; Competition; Health Industry; United States
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      Cutler, David, Leemore S. Dafny, David Grabowski, Steven S. Lee, and Christopher Ody. "Vertical Integration of Healthcare Providers Increases Self-Referrals and Can Reduce Downstream Competition: The Case of Hospital-Owned Skilled Nursing Facilities." NBER Working Paper Series, No. 28305, December 2020.
      • October 2020 (Revised August 2022)
      • Case

      Epic Games: Nineteen Eighty-Fortnight

      By: Andy Wu, Miaomiao Zhang and Christopher Zhang
      In the midst of intensifying public and political attention towards the market power of big technology, Epic Games in 2020 challenged the status quo that has existed for years in the Apple iOS and Google Android mobile application marketplaces and payment systems....  View Details
      Keywords: Mobile Platforms; Mobile App Industry; Mobile Payment Systems; Antitrust; Games, Gaming, and Gambling; Mobile and Wireless Technology; Lawsuits and Litigation; Entrepreneurship; Competitive Strategy; Digital Platforms; United States
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      Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnight." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
      • October 2020
      • Article

      Collusion in Markets with Syndication

      By: John William Hatfield, Scott Duke Kominers, Richard Lowery and Jordan M. Barry
      Markets for IPOs and debt issuances are syndicated, in the sense that a bidder who wins a contract may invite losing bidders to join a syndicate that together fulfills the contract. We show that in markets with syndication, standard intuitions from industrial...  View Details
      Keywords: Collusion; Antitrust; IPO Underwriting; Syndication; "Repeated Games"; Markets; Game Theory
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      Hatfield, John William, Scott Duke Kominers, Richard Lowery, and Jordan M. Barry. "Collusion in Markets with Syndication." Journal of Political Economy 128, no. 10 (October 2020).
      • June 2020
      • Article

      Informing Dissent

      By: Hillary Greene and Dennis Yao
      The first part of this commentary argues that because the production of dissent depends on the availability of information, greater attention should focus on government restrictions on access to official information. At no time is this more important than when...  View Details
      Keywords: Dissent; Information Monopoly; Economics Of Speech; Freedom Of Information Act (FOIA); Self-censorship; Social Pressure; Information; Government and Politics; Spoken Communication; Society
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      Greene, Hillary, and Dennis Yao. "Informing Dissent." Law, Culture and the Humanities 16, no. 2 (June 2020): 200–212.
      • March–April 2020
      • Article

      Pricing Policies that Protect your Brand

      By: Ayelet Israeli and Eugene F. Zelek Jr.
      When customers seek out online deals, it seems like a win for everybody: Brands, retailers, dealers, and distributors sell more goods, and buyers get a bargain. What's not to like? Here's the problem: Lured by rock-bottom online prices, customers often end up dealing...  View Details
      Keywords: Price; Policy; Brands and Branding; E-commerce
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      Israeli, Ayelet, and Eugene F. Zelek Jr. "Pricing Policies that Protect your Brand." Harvard Business Review 98, no. 2 (March–April 2020): 76–83.
      • March 2020
      • Article

      The Politics of M&A Antitrust

      By: Mihir N. Mehta, Suraj Srinivasan and Wanli Zhao
      Antitrust regulators play a critical role in protecting market competition. We examine whether firms can use the political process to opportunistically influence antitrust reviews of corporate merger transactions. We exploit the fact that in some mergers, acquirers...  View Details
      Keywords: Political Economy; Antitrust; FTC; DOJ; Mergers and Acquisitions; Government and Politics; Power and Influence
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      Mehta, Mihir N., Suraj Srinivasan, and Wanli Zhao. "The Politics of M&A Antitrust." Journal of Accounting Research 58, no. 1 (March 2020): 5–53. (Previously circulated under title "Political Influence and Merger Antitrust Reviews.")
      • 2020
      • Working Paper

      Collusion in Brokered Markets

      By: John William Hatfield, Scott Duke Kominers and Richard Lowery
      The U.S. residential real estate agency market presents a puzzle for economic theory: commissions on real estate transactions have remained high for decades even though entry is frequent and costs are low. We model the real estate agency market, and other brokered...  View Details
      Keywords: Real Estate; "Repeated Games"; Collusion; Antitrust; Brokered Markets; Game Theory; Real Estate Industry
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      Hatfield, John William, Scott Duke Kominers, and Richard Lowery. "Collusion in Brokered Markets." Harvard Business School Working Paper, No. 20-023, September 2019. (Revised July 2020.)
      • March 2019
      • Article

      Antitrust as Speech Control

      By: Hillary Greene and Dennis Yao
      Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might...  View Details
      Keywords: Antitrust Law; First Amendment; Spoken Communication; Laws and Statutes
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      Greene, Hillary, and Dennis Yao. "Antitrust as Speech Control." William & Mary Law Review 60, no. 4 (March 2019): 1215–1267.
      • 2019
      • Working Paper

      Collusion in Markets with Syndication

      By: John William Hatfield, Scott Duke Kominers, Richard Lowery and Jordan M. Barry
      Many markets, including markets for IPOs and debt issuances, are syndicated: each winning bidder invites competitors to join its syndicate to complete production. Using repeated extensive form games, we show that collusion in syndicated markets may become easier as...  View Details
      Keywords: Collusion; Antitrust; IPO Underwriting; Syndication; "Repeated Games"
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      Hatfield, John William, Scott Duke Kominers, Richard Lowery, and Jordan M. Barry. "Collusion in Markets with Syndication." Harvard Business School Working Paper, No. 18-009, July 2017. (Revised June 2019.)
      • March 2017
      • Article

      Challenges for Empirical Research on RPM

      By: Alexander MacKay and David A. Smith
      This article discusses the empirical challenges that researchers face when demonstrating the existence and effects of resale price maintenance (RPM). We outline three approaches for finding price effects of RPM and the corresponding hurdles in data and methodology. We...  View Details
      Keywords: Antitrust Issues And Policies; Antitrust Law; Resale Price Maintenance; Welfare Economics; Price; Competition; Research
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      MacKay, Alexander, and David A. Smith. "Challenges for Empirical Research on RPM." Review of Industrial Organization 50, no. 2 (March 2017): 209–220.
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