Congratulations to @barakorbach, the inaugural Mundheim Professor of Law & Business at U. Arizona law.arizona.edu/news/2022/08/p…

“If legislators want to strengthen the antitrust laws by addressing the standard for a violation, they can do better than by instructing courts that conduct violates the antitrust laws if it ʻharms the competitive process’,” Jonathan B. Baker for Network Law Review at networklawreview.org/baker-goal/

Jonathan B. Baker is right. "Competitive process" is a nothingburger that means anything you want it to; that's why left, center, and right have all cited in support of their own positions. A goal that cannot be measured by reference to output or innovation is no goal at all.

Isn’t this conversation assuming unilateral effects? Would you want to define a market to evaluate coordinated effects of a horizontal merger?

In August, we published a great piece on the competitive process goal by Jonathan B. Baker (@auwcl). Eleanor E. Fox (NYU Law) responds: networklawreview.org/fox-competitiv…

This is a fascinating article with concerns about market powe in the real estate pricing software market (RealPage’s purchase of LRO) in addition to questions about algorithm-supported tacit collusion in the rental market. propublica.org/article/yields…

What are the best books to read before--or after--you learn antitrust law? My answer: shepherd.com/best-books/rea… Authors: Ellis W. Hawley, Walter R. Brooks, DeLong🖖, Bruce Greenwald & Judd Khan, Carl Shapiro & Hal Varian

Steve Salop has written a provocative piece proposing a "Reasonable Competitive Conduct" antitrust standard that combines elements of judicial decisions, consumer welfare, rule of reason reform, and increased attention to vertical conduct. promarket.org/2023/04/06/the…

My piece with Fiona Scott Morton on "The Life of Antitrust's Consumer Welfare Model" is up this morning. It focuses mainly on how the Supreme Court has articulated the goals of antitrust. promarket.org/2023/04/10/the…

The utility of “competitive process claims” in strengthening #antitrust enforcement should not be obscured by wider debate about the #consumerwelfare standard, writes @ProfGavil (Howard University School of Law) promarket.org/2023/04/11/loc…

It's #ThrowbackThursday again?! Time for a vintage #OurCuriousAmalgam podcast ep. #137 Have We Been Down This Road Before? What History Can Teach Us About the Current Rethinking of #Antitrust, w/Jonathan B. Baker Listen at bit.ly/3GBPkmb. Brought to you by ABA Antitrust Law Section

“What About the Supreme Court? The Lurking Threat to US Antitrust Reform” My new essay highlights problems created by Trinko and Amex It’s particularly timely given the role of Trinko in recent appellate decisions in NY v Meta and Epic v. Apple See ssrn.com/abstract=44289…

Congratulations Fiona Scott Morton ! som.yale.edu/story/2023/pro…