BENCHMARKING THE UPWARD PRICING PRESSURE MODELWITH FEDERAL TRADE COMMISSION EVIDENCE

The upward pricing pressure (UPP) model was introduced in the 2010 revision of the Merger Guidelines, although little insight was offered for how to operationalize an UPP screen. Abstracting from the potential for efficiencies, this article defines [...]

PATTERNS OF ESTABLISHMENT ENTRY AND STATE-LEVEL ANTITRUST

A large literature examines patterns of firm entry and relocation in response to local demand and cost parameters. Economists have studied tax incentives and local business conditions as drivers of business location decisions as well. In this [...]



DETERRENCE, RECIDIVISM, AND EUROPEAN CARTEL FINES

Based on an analysis of cartel prosecutions since 2007, this article assesses the way the European Commission has built up its fines in practice. The fines are compared with those imposed by the European Commission over the period from 1999 to 2006. [...]

REGIME SHIFT IN ANTITRUST LAWS, ECONOMICS, AND ENFORCEMENT

This article empirically models the longer-run, deep-seated shift in intellectual thinking that followed the Chicago School’s criticism of the older antitrust doctrine and the shorter-run driving forces related to switches of the political party in [...]

PROVING CAUSATION IN PRIVATE ANTITRUST CASES

Private enforcement of antitrust damages critically hinges upon proof that an antitrust violation caused damage. Existing research narrowly focuses on the quantification of damages, but proving causation goes far beyond quantification. Strict legal [...]



ANTITRUST AND COMPETITION IN TWO-SIDED MARKETS

This article extends antitrust analysis to two-sided markets in which a virtual monopolist competes with local bricks-and-mortar dealers. The discussion examines the market power of an Internet market maker as well as an Internet matchmaker. The [...]

WHAT DETERMINES BEHAVIOR SEEKING TEMPORARY ANTITRUST IMMUNITY?: DISPENSATION REQUESTS IN THE NETHERLANDS

This article examines the determinants of antitrust immunity seeking behavior at the industry level in the Netherlands. Our findings suggest that market structure and the level of competition are important determinants of antitrust immunity seeking [...]

FAIR, REASONABLE AND NON-DISCRIMINATORY (FRAND) TERMS: A CHALLENGE FOR COMPETITION AUTHORITIES

Standards contribute to increase welfare to the extent that they reduce production costs and increase products’ value to consumers. The adoption of a standard can, however, raise competition concerns. After the adoption of the standard, the chosen [...]

THE ROLE OF PRIVATE LABELS IN ANTITRUST

Private labels now play a key role in a wide range of industries. Consequently, it is crucial that antitrust practitioners fully understand how private labels can affect the level and nature of competition in the markets in which they are present. [...]

JOINT-VENTURE ANALYSIS AFTER AMERICAN NEEDLE

The basic operational premise of the U.S. antitrust system posits that one can reliably demarcate business conduct into two distinct classes, specifically unilateral and concerted behavior. Professional sports leagues and other complex ventures [...]