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- August 2023
- Teaching Note
LIV Golf
Teaching Note for HBS Case No. 723-371. On March 17, 2022, Greg Norman, CEO of LIV Golf, announced the 8-tournament schedule for the inaugural season of the LIV Golf Invitational Series. Norman, a retired professional golfer and former world #1, was helming the league...
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- March 2023
- Article
Not from Concentrate: Collusion in Collaborative Industries
By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.
In many... View Details
In many... View Details
Keywords:
Antitrust;
Antitrust Law;
Antitrust Theory;
Law And Economics;
Collusion;
Collaboration;
Collaborative Industries;
Regulation;
"Repeated Games";
IPOs;
Initial Public Offerings;
Underwriters;
Real Estate;
Real Estate Agents;
Realtors;
Syndicated Markets;
Syndication;
Brokers;
Market Concentration;
Competition;
Law;
Economics;
Collaborative Innovation and Invention;
Governing Rules, Regulations, and Reforms;
Game Theory;
Initial Public Offering
Barry, Jordan M., John William Hatfield, Scott Duke Kominers, and Richard Lowery. "Not from Concentrate: Collusion in Collaborative Industries." Iowa Law Review 108, no. 3 (March 2023): 1089–1148.
- December 2022
- Case
LIV Golf
On March 17, 2022, Greg Norman, CEO of LIV Golf, announced the 8-tournament schedule for the inaugural season of the LIV Golf Invitational Series. Norman, a retired professional golfer and former world #1, was helming the league to compete with the PGA Tour, which was...
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Keywords:
Anti-trust;
Golf;
"Sports Organizations,;
Sports Management;
Competition;
Competition Policy;
Strategy;
Strategy And Leadership;
Competitive Strategy;
Sports;
Sports Industry
MacKay, Alexander J. "LIV Golf." Harvard Business School Case 723-371, December 2022.
- 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.,...
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Keywords:
Climate Impact;
Climate Finance;
Antitrust;
Anti-trust;
Climate Change;
Environmental Regulation;
Law
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...
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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
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,...
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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).
- 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...
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Keywords:
Antitrust;
Deposit Banking;
Market Power;
Multimarket Contact;
Banks and Banking;
Markets;
Competition
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...
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Keywords:
Antitrust Issues And Policies;
Risk and Uncertainty;
Digital Platforms;
Competitive Advantage;
Governing Rules, Regulations, and Reforms;
Innovation and Invention;
Information Technology Industry
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,...
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Keywords:
Health Care Providers;
Hospitals;
Insurance Market Regulation;
Price Regulation;
Markets;
Health Care and Treatment;
Cost;
Quality;
Insurance;
Price;
Governing Rules, Regulations, and Reforms
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.
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Keywords:
Health Care and Treatment;
Markets;
Competition;
Governing Rules, Regulations, and Reforms
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.
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Keywords:
Antitrust Law;
Health Care and Treatment;
Consolidation;
Price;
Spending;
Cost Management;
Governing Rules, Regulations, and Reforms;
Competition;
United States
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...
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Keywords:
Antitrust Issues And Policies;
Health Care and Treatment;
Markets;
Consolidation;
Competition;
Government Administration
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...
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Keywords:
Antitrust;
Health Care and Treatment;
Vertical Integration;
Organizational Structure;
Competition;
Health Industry;
United States
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....
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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
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...
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Keywords:
Collusion;
Antitrust;
IPO Underwriting;
Syndication;
"Repeated Games";
Markets;
Game Theory
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...
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Keywords:
Dissent;
Information Monopoly;
Economics Of Speech;
Freedom Of Information Act (FOIA);
Self-censorship;
Social Pressure;
Information;
Government and Politics;
Spoken Communication;
Society
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...
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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...
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Keywords:
Political Economy;
Antitrust;
FTC;
DOJ;
Mergers and Acquisitions;
Government and Politics;
Power and Influence
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...
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Keywords:
Real Estate;
"Repeated Games";
Collusion;
Antitrust;
Brokered Markets;
Game Theory;
Real Estate Industry
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...
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Greene, Hillary, and Dennis Yao. "Antitrust as Speech Control." William & Mary Law Review 60, no. 4 (March 2019): 1215–1267.