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- May 2024
- Teaching Note
Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech
By: Joseph L. Badaracco and Susan Pinckney
Teaching Note for HBS Case No. 324-018. View Details
- 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.)
- 2024
- Working Paper
Antitrust Platform Regulation and Entrepreneurship: Evidence from China
By: Ke Rong, D. Daniel Sokol, Di Zhou and Feng Zhu
Many jurisdictions have launched antitrust enforcement and brought in regulation of large tech platforms. The swift and strict implementation of China’s Anti-Monopoly Guidelines for the Platform Economy (Platform Guidelines) provides a quasi-natural experiment... View Details
Keywords: Governing Rules, Regulations, and Reforms; Competition; Venture Capital; Market Entry and Exit; Supply and Industry; China
Rong, Ke, D. Daniel Sokol, Di Zhou, and Feng Zhu. "Antitrust Platform Regulation and Entrepreneurship: Evidence from China." Harvard Business School Working Paper, No. 24-039, January 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).
- November 29, 2023
- Article
To Earn Trust, Climate Alliances Need to Improve Transparency
By: Peter Tufano, Chris Thomas, Knut Haanaes, Matteo Gasparini, Robert Eyres and Christopher Chapman
Businesses are increasingly joining together as part of climate alliances to accelerate the transition away from fossil fuels. But these alliances raise antitrust issues: When competitors collaborate, it can come at the expense of customers or workers. To mitigate... View Details
Tufano, Peter, Chris Thomas, Knut Haanaes, Matteo Gasparini, Robert Eyres, and Christopher Chapman. "To Earn Trust, Climate Alliances Need to Improve Transparency." Harvard Business Review (website) (November 29, 2023).
- 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.
- 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.,... View Details
Keywords: Climate Impact; Climate Finance; Antitrust; Anti-trust; Climate Change; Environmental Regulation; Law
Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
- 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,... View Details
Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 2022).
- 2022
- Working Paper
Many Markets Make Good Neighbors: Multimarket Contact and Deposit Banking
By: John William Hatfield and Jonathan Wallen
We investigate the relationship between the interest rates offered to consumers in a deposit banking market and the contact that banks in that market have with each other in other markets.
We show, in a simple theoretical model, that such overlapping relationships... View Details
Keywords: Antitrust; Deposit Banking; Market Power; Multimarket Contact; Banks and Banking; Markets; Competition
Hatfield, John William, and Jonathan Wallen. "Many Markets Make Good Neighbors: Multimarket Contact and Deposit Banking." Working Paper, January 2022.
- October 18, 2021
- Article
To Regulate Network-Based Platforms, Look at Their Data
By: Chiara Farronato and Daniel Björkegren
Historically, antitrust authorities have taken a laissez-faire approach under the assumption that it is better to err on the side of not intervening when there is uncertainty. This has allowed companies like Google and Facebook to go on a shopping spree to acquire... View Details
Keywords: Antitrust Issues And Policies; Risk and Uncertainty; Digital Platforms; Competitive Advantage; Governing Rules, Regulations, and Reforms; Innovation and Invention; Information Technology Industry
Farronato, Chiara, and Daniel Björkegren. "To Regulate Network-Based Platforms, Look at Their Data." Harvard Business Review Digital Articles (October 18, 2021).
- Article
Regulating Hospital Prices Based on Market Concentration Is Likely to Leave High-Price Hospitals Unaffected
By: Maximilian J. Pany, Michael E. Chernew and Leemore S. Dafny
Concern about high hospital prices for commercially insured patients has motivated several proposals to regulate these prices. Such proposals often limit regulations to highly concentrated hospital markets. Using a large sample of 2017 US commercial insurance claims,... View Details
Keywords: Health Care Providers; Hospitals; Insurance Market Regulation; Price Regulation; Markets; Health Care and Treatment; Cost; Quality; Insurance; Price; Governing Rules, Regulations, and Reforms
Pany, Maximilian J., Michael E. Chernew, and Leemore S. Dafny. "Regulating Hospital Prices Based on Market Concentration Is Likely to Leave High-Price Hospitals Unaffected." Health Affairs 40, no. 9 (September 2021): 1386–1394.
- Article
The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets
By: Leemore S. Dafny
This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets. View Details
Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
- 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. View Details
Keywords: Antitrust Law; Health Care and Treatment; Consolidation; Price; Spending; Cost Management; Governing Rules, Regulations, and Reforms; Competition; United States
Dafny, Leemore S. "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." Government Testimony, Washington, DC, United States, April 2021.
- March 9, 2021
- Article
Addressing Consolidation in Health Care Markets
By: Leemore S. Dafny
This Viewpoint proposes three steps the Biden administration can take to slow consolidation within health care, which has been shown to raise costs without improving service or quality: better fund federal antitrust enforcement agencies; appoint agency heads committed... View Details
Keywords: Antitrust Issues And Policies; Health Care and Treatment; Markets; Consolidation; Competition; Government Administration
Dafny, Leemore S. "Addressing Consolidation in Health Care Markets." JAMA, the Journal of the American Medical Association 325, no. 10 (March 9, 2021): 927–928.
- 2020
- Working Paper
Vertical Integration of Healthcare Providers Increases Self-Referrals and Can Reduce Downstream Competition: The Case of Hospital-Owned Skilled Nursing Facilities
By: David Cutler, Leemore S. Dafny, David Grabowski, Steven S. Lee and Christopher Ody
The landscape of the U.S. healthcare industry is changing dramatically as healthcare providers expand both within and across markets. While federal antitrust agencies have mounted several challenges to same-market combinations, they have not challenged any... View Details
Keywords: Antitrust; Health Care and Treatment; Vertical Integration; Organizational Structure; Competition; Health Industry; United States
Cutler, David, Leemore S. Dafny, David Grabowski, Steven S. Lee, and Christopher Ody. "Vertical Integration of Healthcare Providers Increases Self-Referrals and Can Reduce Downstream Competition: The Case of Hospital-Owned Skilled Nursing Facilities." NBER Working Paper Series, No. 28305, December 2020.
- 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
Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnite." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
- October 2020
- Article
Collusion in Markets with Syndication
By: John William Hatfield, Scott Duke Kominers, Richard Lowery and Jordan M. Barry
Markets for IPOs and debt issuances are syndicated, in the sense that a bidder who wins a contract may invite losing bidders to join a syndicate that together fulfills the contract. We show that in markets with syndication, standard intuitions from industrial... View Details
Keywords: Collusion; Antitrust; IPO Underwriting; Syndication; "Repeated Games"; Markets; Game Theory
Hatfield, John William, Scott Duke Kominers, Richard Lowery, and Jordan M. Barry. "Collusion in Markets with Syndication." Journal of Political Economy 128, no. 10 (October 2020).
- June 2020
- Article
Informing Dissent
By: Hillary Greene and Dennis Yao
The first part of this commentary argues that because the production of dissent depends on the availability of information, greater attention should focus on government restrictions on access to official information. At no time is this more important than when... View Details
Keywords: Dissent; Information Monopoly; Economics Of Speech; Freedom Of Information Act (FOIA); Self-censorship; Social Pressure; Information; Government and Politics; Spoken Communication; Society
Greene, Hillary, and Dennis Yao. "Informing Dissent." Law, Culture and the Humanities 16, no. 2 (June 2020): 200–212.
- March–April 2020
- Article
Pricing Policies that Protect your Brand
By: Ayelet Israeli and Eugene F. Zelek Jr.
When customers seek out online deals, it seems like a win for everybody: Brands, retailers, dealers, and distributors sell more goods, and buyers get a bargain. What's not to like? Here's the problem: Lured by rock-bottom online prices, customers often end up dealing... View Details
Israeli, Ayelet, and Eugene F. Zelek Jr. "Pricing Policies that Protect your Brand." Harvard Business Review 98, no. 2 (March–April 2020): 76–83.
- March 2020
- Article
The Politics of M&A Antitrust
By: Mihir N. Mehta, Suraj Srinivasan and Wanli Zhao
Antitrust regulators play a critical role in protecting market competition. We examine whether firms can use the political process to opportunistically influence antitrust reviews of corporate merger transactions. We exploit the fact that in some mergers, acquirers... View Details
Keywords: Political Economy; Antitrust; FTC; DOJ; Mergers and Acquisitions; Government and Politics; Power and Influence
Mehta, Mihir N., Suraj Srinivasan, and Wanli Zhao. "The Politics of M&A Antitrust." Journal of Accounting Research 58, no. 1 (March 2020): 5–53. (Previously circulated under title "Political Influence and Merger Antitrust Reviews.")