Publications

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

SSRN

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

Keywords: by Sean Silverthorne; Legal Services

Web

Antitrust & Competition Policy - Institute For Strategy And Competitiveness

litigation and legislation, both in the United States and internationally. Jul 2001 (Revised Jun 2002) Fundamental Theory Task Force Washington, DC Perspectives on Fundamental Antitrust Theory Report of the Task Force on Fundamental... View Details

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

Keywords: Intellectual Property; Law Enforcement

June 2001
Article

Playing by the Rules: How Intel Avoids Antitrust Litigation

By: David B. Yoffie and Mary Kwak

Keywords: Information Infrastructure; Lawsuits and Litigation; Computer Industry

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

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

Winter 2017
Article

Google, Mobile and Competition: The Current State of Play

By: Benjamin Edelman

I present Google practices that have raised objections from competition regulators. I consider the key impediments to competition and examine the business models foreclosed by Google's restrictions. View Details

Keywords: Antitrust; Mobile; Mobile Technology; Search Technology; Technology Platform; Contracts; Lawfulness; Competition; Information Technology Industry; European Union; Russia; South Korea

01 Mar 2007
News

Private Equity under Investigation

division, the Justice Department has every reason to step in. The worry, though, is that the antitrust enforcers will again mistake competition for collusion because they don’t understand the complexities and nuances of this business.... View Details

Keywords: Josh Lerner; syndication; antitrust enforcement; Funds, Trusts, and Other Financial Vehicles; Finance

2016
Working Paper

Android and Competition Law: Exploring and Assessing Google's Practices in Mobile

By: Benjamin Edelman and Damien Geradin

Since its launch in 2007, Android has become the dominant mobile device operating system worldwide. In light of this commercial success and certain disputed business practices, Android has come under substantial attention from competition authorities. We present key... View Details

Keywords: Android; Antitrust; Competition Policy; Exclusion; Mobile Communication Devices; Remedies; Tying; Two-Sided Platforms; Lawfulness; Internet; Mobile Technology; Wireless Technology; Information Technology Industry; Telecommunications Industry

SSRN

October 2020 (Revised August 2022)
Case

Epic Games: Nineteen Eighty-Fortnite

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.... View Details

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

Educators

2016
Article

Android and Competition Law: Exploring and Assessing Google's Practices in Mobile

By: Benjamin Edelman and Damien Geradin

Since its launch in 2007, Android has become the dominant mobile device operating system worldwide. In light of this commercial success and certain disputed business practices, Android has come under substantial attention from competition authorities. We present key... View Details

Keywords: Android; Antitrust; Competition Policy; Exclusion; Mobile Communication Devices; Remedies; Tying; Technology Platform; Competition; Monopoly; Policy; Mobile Technology; Telecommunications Industry

fall 1995
Article

Standard Setting Consortia, Antitrust, and High-Technology Industries

By: James J. Anton and Dennis A. Yao

Examines the antitrust treatment of private-sector standard setting in the U.S. Applicability of law and decision-making issues in high technology industries; Examination of cost-based facilitating theory; Approach to evaluate the reasonableness of a standard. View Details

Keywords: Private Sector; Information Technology; Law; Decision Making; Cost; Theory; Performance Evaluation; Standards; United States

15 May 2019
News

The Case For Breaking Up Big Tech

19 Nov 2014
News

Evidence of Alleged Apple-Google No-Poaching Deal Triggers More Lawsuits

28 Sep 2015
News

Regulatory Scrutiny Threatens Google's Global Android Domination

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... View Details

Keywords: Innovation and Invention; Economic Growth

June 1995 (Revised October 1999)
Case

Microsoft Corp.'s Pricing Policies

Describes the antitrust issues that arose in 1994 and 1995 with respect to Microsoft's marketing practices. View Details

Keywords: Law; Monopoly; Information Technology Industry

Educators