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William M. Landes and Richard A. Posner’s 1981 Harvard Law Review article “Market Power in Antitrust Cases” is a true classic. Showing the value of interdisciplinary work within the law & economics tradition, it brought real clarity to what “market power” means and how courts should assess it—cutting through vague labels like “monopoly power” and … ‘Market Power in Antitrust Cases,’ by William M. Landes and Richard A. Posner
The Philadelphia National Bank (PNB) presumption refuses to die. Long criticized and widely viewed as bad policy, it survives today in slightly attenuated form, and there is no sign that Trump-appointed antitrust enforcers plan to bury it. If anything, the 2023 Merger Guidelines, still in force, double down on the presumption more than their predecessors. … How a Bad Presumption Became Too Useful to Kill
After the U.S. Supreme Court decided Free Speech Coalition v. Paxton last year, I wrote that the “broader war over age verification and parental consent online isn’t over.” As we head into 2026, that prediction looks right. The fight has shifted. Lawmakers have moved their focus from social-media platforms to app stores. But the basic … Carding the Internet Still Isn’t Constitutional
