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Publications

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  • All HBS Web  (39)
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    • All HBS Web  (39)
      • Faculty Publications  (9)

      antitrust enforcementRemove antitrust enforcement →

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      • 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
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      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
      • Article

      Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022

      By: Mark J. Roe and Charles C.Y. Wang
      The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details
      Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States
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      Roe, Mark J., and Charles C.Y. Wang. "Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022." Journal of Law, Finance, and Accounting 8, no. 2 (2024): 211–264.
      • 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
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      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.
      • 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
      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
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      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.
      • 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
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      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
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      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
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      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.
      • 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
      Keywords: Price; Policy; Brands and Branding; E-commerce
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      Israeli, Ayelet, and Eugene F. Zelek Jr. "Pricing Policies that Protect your Brand." Harvard Business Review 98, no. 2 (March–April 2020): 76–83.
      • 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
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      Lewis, Tracy R., and Dennis A. Yao. "Some Reflections on the Antitrust Treatment of Intellectual Property." Antitrust Law Journal 63, no. 2 (1995): 603–619. (Abridged version in The Financial Times, The Complete MBA Companion, 1997, pp.577-582. Harvard users click here for full text.)
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