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- All HBS Web
(110)
- News (12)
- Research (84)
- Events (2)
- Multimedia (1)
- Faculty Publications (63)
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- 5 Oct 2018
- Other Presentation
Voting Trusts and Antitrust in Illinois: Rethinking the Role of State Corporation Law in Competition Policy
By: Laura Phillips Sawyer and Naomi R. Lamoreaux
- 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... View Details
Keywords: Laws and Statutes; Lawfulness; Government Legislation; Policy; Business or Company Management; Government and Politics; Pulp and Paper Industry; United States; Japan
Subramanian, Guhan, and Michelle Kalka. "Extraterritorial Applications of Antitrust Law: U.S. and Japanese Approaches." Harvard Business School Background Note 902-067, October 2001. (Revised December 2001.)
- 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.
- July 2016
- Supplement
The EC Rains on Oracle/Sun (B)
By: Lena G. Goldberg
Supplements the (A) case. View Details
Keywords: Law; Antitrust; EC Regulation; Mergers and Acquisitions; Multinational Firms and Management; International Relations; Laws and Statutes; Monopoly; Business and Government Relations; Technology Industry; European Union; United States
Goldberg, Lena G. "The EC Rains on Oracle/Sun (B)." Harvard Business School Supplement 317-010, July 2016.
- July 1996 (Revised July 2009)
- Background Note
Antitrust and Competitive Strategy from the 1990s to 2008 (Condensed)
Describes U.S. antitrust policy, including major judicial decisions and their impact on competitive strategy. Omits information on the history of antitrust policy and on the specific prohibitions of the various acts. View Details
Keywords: Judgments; Policy; Laws and Statutes; Monopoly; Business and Government Relations; Competitive Strategy; United States
McGahan, Anita M. "Antitrust and Competitive Strategy from the 1990s to 2008 (Condensed)." Harvard Business School Background Note 797-012, July 1996. (Revised July 2009.)
- June 1991 (Revised April 2008)
- Case
Antitrust Movement: Perceptions and Reality in Coping with Big Business
A vehicle for the discussion of early antitrust legislation in the United States from 1890 to 1914. View Details
McCraw, Thomas K. "Antitrust Movement: Perceptions and Reality in Coping with Big Business." Harvard Business School Case 391-292, June 1991. (Revised April 2008.)
- 02 Nov 2020
- What Do You Think?
Is Antitrust Just a Quaint Notion in the Digital Age?
antitrust laws also don’t deal well with companies that took advantage of network effects to become huge and now are perceived as ‘too big to fail’ or to do anything about.” Does View Details
Keywords: by James Heskett; Retail; Technology; Telecommunications; Communications; Consumer Products; Service
- Article
California Fair Trade: Antitrust and the Politics of 'Fairness' in U.S. Competition Policy
By: Laura Phillips Sawyer
In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California's retail pharmacists and coordinated trade networks to... View Details
Phillips Sawyer, Laura. "California Fair Trade: Antitrust and the Politics of 'Fairness' in U.S. Competition Policy." Business History Review 90, no. 1 (Spring 2016): 31–56.
- December 2024
- Article
Is There Too Little Antitrust Enforcement in the U.S. Hospital Sector?
By: Zarek Brot-Goldberg, Zack Cooper, Stuart Craig and Lev Klarnet
From 2002 to 2020, there were over 1,000 mergers of U.S. hospitals. During this period, the Federal Trade Commission (FTC) took enforcement actions against 13 transactions. However, using the FTC’s standard screening tools, we find that 20% of these mergers could have... View Details
Keywords: Monopoly; Mergers and Acquisitions; Governing Rules, Regulations, and Reforms; Competition; Health Industry
Brot-Goldberg, Zarek, Zack Cooper, Stuart Craig, and Lev Klarnet. "Is There Too Little Antitrust Enforcement in the U.S. Hospital Sector?" American Economic Review: Insights 6, no. 4 (December 2024): 526–542.
- 2024
- Article
Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022
By: Mark J. Roe and Charles C.Y. Wang
The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details
Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States
Roe, Mark J., and Charles C.Y. Wang. "Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022." Journal of Law, Finance, and Accounting 8, no. 2 (2024): 211–264.
- 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... View Details
Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India
Badaracco, Joseph L., Jr., and Susan Pinckney. "Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech." Harvard Business School Case 324-018, February 2024. (Revised May 2024.)
- 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... View Details
Keywords: Monopoly; Governing Rules, Regulations, and Reforms; Market Design; Lawsuits and Litigation
Farronato, Chiara, Andrey Fradkin, Andrei Hagiu, and Dionne Lomax. "Understanding the Tradeoffs of the Amazon Antitrust Case." Harvard Business Review Digital Articles (January 11, 2024).
- 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
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.)
- 12 Dec 2005
- Research & Ideas
Using the Law to Strategic Advantage
Most managers think the legal department is that office down the hall where they go to keep out of trouble or write a binding patent agreement. And that's shortsighted, says Harvard Business School professor Constance Bagley. A company that makes proactive use of the... View Details
- 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
MacKay, Alexander, and David A. Smith. "Challenges for Empirical Research on RPM." Review of Industrial Organization 50, no. 2 (March 2017): 209–220.
- Article
Some Reflections on the Antitrust Treatment of Intellectual Property
By: Tracy R. Lewis and Dennis A. Yao
Abridged version in The Financial Times, The Complete MBA Companion, 1997, pp. 577-582. View Details
Lewis, Tracy R., and Dennis A. Yao. "Some Reflections on the Antitrust Treatment of Intellectual Property." Antitrust Law Journal 63, no. 2 (1995): 603–619. (Abridged version in The Financial Times, The Complete MBA Companion, 1997, pp.577-582. Harvard users click here for full text.)
- June 2001
- Article
Playing by the Rules: How Intel Avoids Antitrust Litigation
By: David B. Yoffie and Mary Kwak
Yoffie, David B., and Mary Kwak. "Playing by the Rules: How Intel Avoids Antitrust Litigation." Harvard Business Review 79, no. 6 (June 2001): 119–122. (Reprint R0106H.)
- 2019
- Working Paper
Voting Trusts and Antitrust: Rethinking the Role of Shareholder Rights and Private Litigation in Public Regulation, 1880s to 1930s
By: Naomi R. Lamoreaux and Laura Phillips Sawyer
Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. But they have also argued that the growth of large-scale enterprises operating in national and... View Details
Keywords: Voting Trusts; Antitrust; Business and Shareholder Relations; Lawsuits and Litigation; History; United States
Lamoreaux, Naomi R., and Laura Phillips Sawyer. "Voting Trusts and Antitrust: Rethinking the Role of Shareholder Rights and Private Litigation in Public Regulation, 1880s to 1930s." Harvard Business School Working Paper, No. 19-109, May 2019.
- June 2015
- Article
Does Google Leverage Market Power Through Tying and Bundling?
By: Benjamin Edelman
I examine Google's pattern and practice of tying to leverage its dominance into new sectors. In particular, I show how Google used these tactics to enter numerous markets, to compel usage of its services, and often to dominate competing offerings. I explore the... View Details
Keywords: Competition; Antitrust; Google; Tying; Bundling; Competitive Strategy; Search Technology; Law; Information Technology Industry; Advertising Industry
Edelman, Benjamin. "Does Google Leverage Market Power Through Tying and Bundling?" Journal of Competition Law & Economics 11, no. 2 (June 2015): 365–400.