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- News (12)
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- 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.)
- 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.
- 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.
- 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.)
- 30 May 2019
- Working Paper Summaries
US Antitrust Law and Policy in Historical Perspective
- November 1977
- Background Note
Note on U.S. Antitrust Laws
Kasper, Daniel M. "Note on U.S. Antitrust Laws." Harvard Business School Background Note 378-127, November 1977.
- 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.
- May 1995
- Background Note
Note on Industry Self-Regulation and U.S. Antitrust Laws
By: Lynn S. Paine and Michael Santoro
Describes the purpose and nature of industry self-regulation and outlines the factors self-regulatory groups must consider to avoid infringing U.S. antitrust laws. Several examples of industry self-regulation are discussed. View Details
Paine, Lynn S., and Michael Santoro. "Note on Industry Self-Regulation and U.S. Antitrust Laws." Harvard Business School Background Note 395-214, May 1995.
- 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).
- February 2000 (Revised September 2002)
- Case
Forever: De Beers and U.S. Antitrust Law
By: Debora L. Spar and Jennifer Burns
For over a century, the international diamond market has been dominated by one of the most successful cartels on earth. Run by the legendary De Beers Corp., the cartel has managed to keep diamond prices increasing and to prevent the defection that dooms most other... View Details
Keywords: Lawfulness; Monopoly; Luxury; Business and Government Relations; Consumer Products Industry; Mining Industry; Africa; United States
Spar, Debora L., and Jennifer Burns. "Forever: De Beers and U.S. Antitrust Law." Harvard Business School Case 700-082, February 2000. (Revised September 2002.)
- 05 Sep 2010
- News
Tech Revolution Spurts Debate over Antitrust Law
- 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).
- 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.)
- 26 Oct 2017 - 29 Oct 2017
- Conference Presentation
Reconfiguring Competition: Corporate Law, Democratic Dissent, and the Creation of State Antitrust Law
By: Laura Phillips Sawyer
- 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
- July 2016
- Case
The EC Rains on Oracle/Sun (A)
By: Lena G. Goldberg
Oracle's proposed acquisition of Sun was on a fast track until the EC's antitrust concerns about open-source MySQL ignited a transatlantic war of words delaying the deal. Sun's performance suffered and its customers were approached by competitors while regulatory... View Details
Keywords: Law; Antitrust; EC Regulation; Mergers and Acquisitions; Multinational Firms and Management; Laws and Statutes; Monopoly; Business and Government Relations
Goldberg, Lena G. "The EC Rains on Oracle/Sun (A)." Harvard Business School Case 317-009, July 2016.
- September 2001
- Background Note
Note on Application of the Antitrust Laws to the New Economy: An Analysis of United States v. Microsoft Corporation
Analyzes the 1991 decision of the U.S. Court of Appeals for the District of Columbia Circuit in the seminal New Economy antitrust case United States vs. Microsoft Corp., 253 F.3rd 34 (D.C. Cir. 2001), which arose out of Microsoft's efforts to promote Internet Explorer... View Details
Keywords: Lawsuits and Litigation; Software; Intellectual Property; Monopoly; Laws and Statutes; Information Technology Industry; District of Columbia
Bagley, Constance E. "Note on Application of the Antitrust Laws to the New Economy: An Analysis of United States v. Microsoft Corporation." Harvard Business School Background Note 802-090, September 2001.
- 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.)