Attention antitrusters!  I’m pleased to pass along news of interest to all lawyers and economists active in antitrust litigation:  The American Antitrust Institute has instituted a new award program to recognize those each year who have made the most significant contributions in antitrust enforcement.  While I don’t speak for the group, I expect the goal…

Introduction The smart phone wars have led to heated discussions over standard setting in technology markets. It seems only a question of time before the standard setting debate spills over into other areas. My personal candidate is the standard setting that underpins product quality, origin and safety certification. Certification – where invisible features matter An…

What would likely be the last major acquisition in the car rental industry may soon be completed, with the blessing of the Federal Trade Commission. The pending acquisition of Dollar Thrifty Automotive Group, Inc. by Hertz Global Holdings, Inc., currently under review by the FTC, would cement the positions of the three major car rental companies…

According to standard economic theory, unfettered free markets lead to an efficient allocation of resources. Importantly, this result is generally taken to hold only insofar as market failures are absent. One of these failures, market power, is defined as the ability to elevate prices above competitive levels for a significant period of time. Generally speaking,…

In the past six months since Google’s public disclosure of its Federal Trade Commission (FTC) antitrust investigation, much of the debate around the issue has been focused on the evolution of search–how it has changed over the past decade, how information is presented to users, and where information comes from to provide users with the…

In American Needle, Inc. v. National Football League, 130 S.Ct. 2201 (2010), the Supreme Court held that the NFL acting through its incorporated subsidiary NFL Properties, Inc. (NFLP) was not a single entity but rather a combination of its 32 individual member teams for purposes of the plaintiff’s antitrust challenge to an exclusive licensing agreement….