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A Market Design Framework for Antitrust Causation in the Google Search Case
 |  Aug 11, 2025

By Lawrence W. Abrams,[1] On August 5, 2024, U.S. District Court for the District of Columbia Judge Amit P. Mehta ruled that Google violated Section 2 of the Sherman Act by...

Between Efficiency and Illegality: The Competitive Implications of Surveillance and Algorithmic Pricing
 |  Aug 6, 2025

By Sencer Ecer & Mehmet Ekmekci[1]   I. Emerging Enforcement Actions re: Surveillance and Algorithmic Pricing On February 4, 2010, the DOJ filed a Statement of Interest opposing the Google...

Trump 2025 Antitrust Agenda: Targeting Regulatory Barriers
 |  Jul 15, 2025

By John J. Kavanagh & Weisiyu Jiang[1]   I. Background Reviving a deregulatory agenda with a new antitrust twist, the Trump administration is using Executive Orders along with DOJ and...

Preparing for a Pharmacy Benefit Manager Insurance Business Model
 |  Apr 8, 2025

By Lawrence W. Abrams [1] Numerous legal and legislative actions are in process alleging that the Big 3 pharmacy benefit managers (“PBMs”) – CVS Caremark, Aetna Express Scripts, and United...

Is There an Economic Justification for the Attacks on Rent Algorithms?
 |  Mar 25, 2025

By Jay Ezrielev[i] Government agencies and private plaintiffs have a novel explanation for high rents: pricing algorithms embedded in rental revenue management software. This software makes individualized rent recommendations to...

Unsustainable Differences in Antitrust Treatment of Sustainability Agreements: 2025 Likely to Bring Significant Changes to How the U.S. and the EU Analyze Sustainability Issues
 |  Feb 20, 2025

By David B. Schwartz, Julie Catala Marty, Darren Ray & Lucille Valadou[1] As companies examine their sustainability priorities in 2025, they should be aware of a large and growing rift...

Industrial Liberty
 |  Dec 16, 2024

Kevin Frazier[1] I. The Forgotten Public Interest Standard Imposed on the FTC The Federal Trade Commission (“FTC” or the “Commission”) does not have a limitless jurisdiction.[2] Prior to issuing a...

Causation Confusion – A Response to Judge Ginsburg & Wong-Ervin
 |  Dec 3, 2024

By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the...

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