The Chair’s Showcase: The Future of Antitrust
A symposium on the future of antitrust, featuring leading antitrust thinkers from government, academia, and the antitrust bar.
Summer 2021
Volume 35, Issue 3
Cover Stories
Liberty, Equality, and Fraternity: Evolution or Revolution in Antitrust?
The current push for antitrust reform stands to affect more than the Big Tech companies alone. Those effects are also unlikely to stop at the U.S. border.
Antitrust: What Went Wrong and How to Fix It
Antitrust law urgently needs to free itself of laissez-faire ideology. This can be done by replacing Chicago School doctrine with a constellation of rebuttable presumptions favoring antitrust plainti…
Root and Branch Reconstruction: The Modern Transformation of U.S. Antitrust Law and Policy?
The United States stands at the threshold of a major realignment of its competition policy regime. There is a new body of recent commentary and related advocacy referred to as the "transformation mov…
Before We Tear Down the Fence: Understanding the Past and Building the Future of Antitrust Law
Before tearing down antitrust precedents, reformers should understand the historical context that led the judiciary to its present interpretation of the Sherman and Clayton Acts.
A U.S. Antitrust Agenda for the Dominant Information Platforms
This article discusses antitrust enforcement as part of protection efforts against monopolization in digital platforms
A Post-Chicago Debate: Is Protecting the Competitive Process Antitrust’s Overarching Goal?
The foundation of antitrust law should be to preserve the competitive process rather than maximize consumer welfare.
What Happens Next to Antitrust—in 6 Questions
The rapid growth and size of some companies, new business models, and increased focus on the labor markets have generated a volatile discussion about the future of antitrust policy and enforcement.
The Future of the Past: Taking Stock of SEP Policy at the Outset of the Biden Administration
This article explores the evolution of SEP policy at the U.S. antitrust agencies, and what may lie ahead at the start of the Biden administration.
Recent Private Merger Challenges: Anomaly or Harbinger?
Recent cases suggest that private lawsuits against mergers will continue to increase; resource limitations by federal antitrust agencies may leave an enforcement gap.
Differing Proof Requirements for Global Class Actions: Using Economic Analysis to Guide Future Policymakers
In deciding on the appropriate standard of proof at class certification, departures from an optimal standard for judging class actions could, under certain assumptions, harm certain parties or lead t…
Articles and Features
A Watershed Moment? What Comes Next for the FTC in the Wake of AMG
The Supreme Court's decision in AMG Capital Management, Inc. v. FTC may impact pending FTC enforcement actions and future enforcement strategies.
Populist Instincts: A Trump Administration Antitrust Merger Retrospective
By the end of 2020, the trajectory of merger enforcement seemed to have changed, clearly and decisively pointing towards increased intervention and diverging from recent Republican administrations.
Collaboration and Combination Due to 5G: Unlocking Investment or Reducing Competition?
Mergers and network sharing agreements entered into as part of the 5G rollout have the potential to benefit consumers through increased investment. However, they may also reduce competitive tension b…
Aaron Director and the Origins of the Chicago School of Antitrust Part III—The Antitrust Project: Laying the Foundations for Chicago School Antitrust (continued)
One part of a series studying the Antitrust Project, co-led by Aaron Director and Edward Levi, which laid the foundations for the Chicago School of Antitrust.