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(270)
- News (44)
- Research (186)
- Events (3)
- Multimedia (4)
- Faculty Publications (124)
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- March 2019
- Article
Antitrust as Speech Control
By: Hillary Greene and Dennis Yao
Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might... View Details
Greene, Hillary, and Dennis Yao. "Antitrust as Speech Control." William & Mary Law Review 60, no. 4 (March 2019): 1215–1267.
- 2012
- Article
Antitrust Scrutiny of Google
By: Benjamin Edelman
I evaluate antitrust claims against Google and propose possible remedies. While Google's specific tactics are often novel, I show connections to practices deemed unlawful over a period of decades, and I identify remedies well grounded in antitrust precedent. View Details
Keywords: Competition; Antitrust; Google; Search; Non-price Terms; Digital Marketing; Lawsuits and Litigation; Advertising Industry; Information Technology Industry
Edelman, Benjamin. "Antitrust Scrutiny of Google." Journal of Law 2, no. 2 (2012): 445–464.
- 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.")
- 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).
- 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).
- 2019
- Working Paper
U.S. Antitrust Law and Policy in Historical Perspective
By: Laura Phillips Sawyer
The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s... View Details
Keywords: Antitrust; Trusts; Restraint Of Trade; Merger; Cartel; New Deal; Harvard School; Chicago School Of Law And Economics; Post-Chicago; Law; Competition; Policy; Vertical Integration; Horizontal Integration; Acquisition
Phillips Sawyer, Laura. "U.S. Antitrust Law and Policy in Historical Perspective." Harvard Business School Working Paper, No. 19-110, May 2019. (Revised September 2019.)
- 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.
- Research Summary
Antitrust in the new economy
The objectives of this project are threefold: (1) identify the computational, managerial, and legal issues that interact and make antitrust compliance difficult in the context of B2B exchanges; (2) examine the computational difficulties and policy implications of... View Details
- 04 Jun 2019
- Working Paper Summaries
Political Influence and Merger Antitrust Reviews
- March 2003 (Revised March 2011)
- Background Note
A Note on Antitrust and Competitive Tactics
By: Dennis A. Yao
Provides an overview of antitrust law as it relates to competitive strategy. Discusses the problem of managing antitrust risk and provides a guide to business actions that pose antitrust risk. View Details
Keywords: Laws and Statutes; Risk Management; Monopoly; Business and Government Relations; Competitive Strategy
Yao, Dennis A. "A Note on Antitrust and Competitive Tactics." Harvard Business School Background Note 703-493, March 2003. (Revised March 2011.)
- March 2016 (Revised May 2020)
- Technical Note
A Brief Note on Global Antitrust
By: Dennis Yao, David Yoffie, Eric Baldwin, Daniel Fisher and Rachel Salisbury
This brief note explores the critical antitrust legal and policy issues facing managers, especially in the world of technology. View Details
Yao, Dennis, David Yoffie, Eric Baldwin, Daniel Fisher, and Rachel Salisbury. "A Brief Note on Global Antitrust." Harvard Business School Technical Note 716-432, March 2016. (Revised May 2020.)
- 11 Jan 2001
- Other Presentation
Competition and Antitrust
Presentation delivered to the American Bar Association, Fundamental Theory Task Force View Details
Porter, Michael E. "Competition and Antitrust." American Bar Association. Section on Antitrust Law. Task Force on Fundamental Theory, Washington, DC, January 11, 2001.
- Article
Market-Based Solutions to Antitrust Threats—The Rejection of the Partners Settlement
By: Regina E. Herzlinger, Barak D. Richman and Kevin A. Schulman
Keywords: Health Care; Health Care Industry; Health Care Policy; Health Care Services; Antitrust; Health Care and Treatment; Health Industry; United States
Herzlinger, Regina E., Barak D. Richman, and Kevin A. Schulman. "Market-Based Solutions to Antitrust Threats—The Rejection of the Partners Settlement." New England Journal of Medicine 372, no. 14 (April 2, 2015): 1287–1289.
- January 1995 (Revised July 1996)
- Background Note
Antitrust and Competitive Strategy in the 1990s
Describes U.S. antitrust policy, including major judicial decisions and their impact on competitive strategy. View Details
McGahan, Anita M., and Julia Kou. "Antitrust and Competitive Strategy in the 1990s." Harvard Business School Background Note 795-059, January 1995. (Revised July 1996.)
- October 2009 (Revised May 2011)
- Background Note
Memo From Counsel: Antitrust Law and Customer Allocation
By: Lynn S. Paine and Lara Adamsons
When do antitrust laws come into play in a bidding situation? What should a company do if an antitrust violation is uncovered? This memo discusses "hard-core" antitrust violations, focusing on bid rigging and market allocation, under the laws of the U.S. and other... View Details
Paine, Lynn S., and Lara Adamsons. "Memo From Counsel: Antitrust Law and Customer Allocation." Harvard Business School Background Note 310-048, October 2009. (Revised May 2011.)
- 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.
- 01 Oct 1997
- News
Antitrust in Historical Perspective
Before he became a federal judge, the controversial Robert Bork once labeled antitrust "a policy at war with itself." In this case, he was right. Antitrust laws are problematic. That is not, however, to say... View Details
Keywords: Thomas K. McCraw and Richard S. Tedlow
- Awards
Antitrust Writing Awards - Best Academic Article
Winner of a 2016 Antitrust Writing Award for Best Academic Article on the subject of Unilateral Conduct for “Does Google Leverage Market Power Through Tying and Bundling?” (Journal of Competition Law & Economics, June 2015). View Details
- 18 Jul 2011
- News