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- 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).
- 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.)
- 30 May 2019
- Working Paper Summaries
US Antitrust Law and Policy in Historical Perspective
- 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.
- 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).
- August 1999 (Revised November 2000)
- Background Note
Issues of Product Policy
Explores the basic vocabulary and issues related to product policy within a firm. View Details
Sarvary, Miklos. "Issues of Product Policy." Harvard Business School Background Note 500-027, August 1999. (Revised November 2000.)
- 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.
- 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.
- February 1990
- Background Note
Information Technology in Organizations: Emerging Issues in Ethics and Policy
Introduces a framework for identifying and analyzing the ethical and policy issues triggered by the various capabilities of information technology (IT). Ten IT capabilities are defined (access, capture, speed, permanence/storage. duplication, tracking, monitoring, data... View Details
Sviokla, John J., and Mary C. Gentile. "Information Technology in Organizations: Emerging Issues in Ethics and Policy." Harvard Business School Background Note 190-130, February 1990.
- 1978
- Chapter
Issues and Policies Related to Mining Tax Reform
By: Malcolm Gillis, Louis T. Wells and Ulrich Petersen
- 2002
- Chapter
Policy Issues Connecting Music Education and Arts Education
By: David E. Myers and Arthur C. Brooks
Myers, David E., and Arthur C. Brooks. "Policy Issues Connecting Music Education and Arts Education." In The New Handbook of Research on Music Teaching and Learning, edited by Richard J. Colwell and Carol P. Richardson, 909–930. New York: Oxford University Press, 2002.
- Article
Antitrust Policy and Hospital Mergers: Recommendations for a New Approach
By: Cory Capps, David Dranove, Shane Greenstein and Mark Satterthwaite
Capps, Cory, David Dranove, Shane Greenstein, and Mark Satterthwaite. "Antitrust Policy and Hospital Mergers: Recommendations for a New Approach." Antitrust Bulletin 47, no. 4 (Winter 2002): 677–714.
- 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
- 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.)
- 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.)
- 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.)
- 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.
- 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.)
- 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.
- 1984
- Article
Return to Nursing Home Investment: Issues for Public Policy
By: Carliss Y. Baldwin and Christine E. Bishop
Baldwin, Carliss Y., and Christine E. Bishop. "Return to Nursing Home Investment: Issues for Public Policy." Health Care Financing Review 5, no. 4 (1984).