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- February 2024 (Revised May 2024)
- Case
Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech
By: Joseph L. Badaracco Jr. and Susan Pinckney
In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of...
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- January 11, 2024
- Article
Understanding the Tradeoffs of the Amazon Antitrust Case
By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax
Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against...
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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
- 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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- 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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- 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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- 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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- 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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- March 2016 (Revised May 2020)
- Technical Note
A Brief Note on Global Antitrust
By: Dennis Yao, David Yoffie, Eric Baldwin, Daniel Fisher and Rachel Salisbury
This brief note explores the critical antitrust legal and policy issues facing managers, especially in the world of technology.
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- September 2011
- Article
What Drives Innovation?
By: Tom Nicholas
The idea that innovation drives economic growth is incontrovertible, but the factors that, in turn, drive innovation are not fully understood. This paper surveys the recent literature, focusing on three main drivers: intellectual property rights institutions, the...
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- October 2009 (Revised May 2011)
- Background Note
Memo From Counsel: Antitrust Law and Customer Allocation
By: Lynn S. Paine and Lara Adamsons
When do antitrust laws come into play in a bidding situation? What should a company do if an antitrust violation is uncovered? This memo discusses "hard-core" antitrust violations, focusing on bid rigging and market allocation, under the laws of the U.S. and other...
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- May 2006 (Revised October 2007)
- Case
EU Verdict Against Microsoft
By: David B. Yoffie and Michael Slind
In 2004, following an investigation that began in 1998, the European Commission (EC) issued an antitrust judgment against Microsoft Corp., levying a record fine of 497 million euros ($613 million) and mandating changes of commercial behavior and bundling of Windows...
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- Article
Policy Implications of Weak Patent Rights
By: James J. Anton, Hillary Greene and Dennis Yao
Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned...
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- November 2003 (Revised September 2016)
- Case
Creating Global Oil, 1900-1935
By: Geoffrey G. Jones and Daniel Wadhwani
Taught in the elective MBA course entitled The Evolution of Global Business. Examines the development of an international cartel in the oil industry in the 1920s and 1930s. Focuses on the decisions and actions of the leading multinational oil companies—particularly...
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- March 2003 (Revised March 2011)
- Background Note
A Note on Antitrust and Competitive Tactics
By: Dennis A. Yao
Provides an overview of antitrust law as it relates to competitive strategy. Discusses the problem of managing antitrust risk and provides a guide to business actions that pose antitrust risk.
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- February 2002
- Background Note
States vs. Microsoft, The
By: Michael A. Wheeler and Gillian Morris
Although the federal Justice Department managed to settle its massive antitrust litigation against Microsoft in 2001, the state suit against the company continued. State attorney generals, perhaps emboldened by their recent victory over the Big Five tobacco companies,...
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- January 2002
- Case
Price-Fixing Vignettes
By: Guhan Subramanian and Michelle Kalka
This case escribes the antitrust prosecutions in the United States and abroad of the international bulk vitamins cartel. Both the civil and criminal fines were historically high, and it was the first time the United States prosecuted foreign nationals for U.S. criminal...
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- October 2001 (Revised December 2001)
- Background Note
Extraterritorial Applications of Antitrust Law: U.S. and Japanese Approaches
By: Guhan Subramanian and Michelle Kalka
This case describes the differebt approaches the United States and Japan have taken to extend the jurisdiction of their antitrust laws to foreign companies. The section on the United States, in particular, focuses on the evolving logic of the Supreme Court in dealing...
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- June 2001
- Article
Playing by the Rules: How Intel Avoids Antitrust Litigation
By: David B. Yoffie and Mary Kwak
- February 2000 (Revised September 2002)
- Case
Forever: De Beers and U.S. Antitrust Law
By: Debora L. Spar and Jennifer Burns
For over a century, the international diamond market has been dominated by one of the most successful cartels on earth. Run by the legendary De Beers Corp., the cartel has managed to keep diamond prices increasing and to prevent the defection that dooms most other...
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