CRA Insights

Antitrust Litigation Watch - Fall

October 1, 2020

In this edition of the Antitrust Literature Watch, we feature recent papers by attorneys, economists, and academics that are focused on issues pertinent to North American antitrust litigation. The abstracts included below are as written by the author(s) and are unedited. Author affiliations and titles are reflected in the abstracts and papers. Included in this edition are:

  • studies of antitrust policy debating the need for stronger antitrust enforcement, describing the evolving role of economic analysis in antitrust, assessing the impact of the 2010 Merger Guidelines on the role of market definition, providing a roadmap for regulatory reform in the context of regulations that may stifle innovation, and considering the connection between competition and corporate social responsibility.
  • articles on monopsony and buyer power discussing the use of buyer power to address crises of demand and distribution in the current pandemic, analyzing the impact of no-poaching clauses in franchise agreements, and assessing the influence of employer concentration and outside employment options on wages.
  • studies of collusion discussing competitor collaborations in the context of the current pandemic, analyzing the interplay of vertical restraints and horizontal collusion, and describing the potential for tacit collusion through algorithmic pricing.
  • class certification study quantifying use of petitions for immediate appellate review of
    class-certification decisions under Federal Rule of Civil Procedure 23(f).
  • tech: platforms and multi-sided markets pieces considering whether large digital platforms are natural monopolies and potential remedies in the event of antitrust violations, and discussing the impact of intermediaries in decentralized markets on the welfare of all buyers (those who use brokers and those who do not)

To learn more about these topics and other recent antitrust publications, download a copy of Antitrust Literature Watch.