Michelle DeStefano, University of Miami School of Law
Honorable William G. Young, Judge of the United States District Court for the District of Massachusetts
David S. Evans and Richard Schmalensee In recent years, the federal courts’ analysis of the competitive effects of conduct challenged under the Sherman Act’s rule of reason, which generally includes market definition as a critical step, has been properly guided by sensitivity to business reality and sound economic analysis of the conduct at issue. When […]
John B. Kirkwood The Second Circuit ruled that American Express did not have market power because it operated in a two-sided market and any leverage it exercised over merchants derived from its successful competition for cardholders. As a result, the relevant market had to include both sides of a credit card transaction, the company’s market […]
