"Atomistic Antitrust" Nominated for 2023 Antitrust Writing Awards
Professor Robin Feldman’s article Atomistic Antitrust, coauthored with Mark A. Lemley, has been chosen for the 2023 Concurrences Antitrust Writing Awards as one of the Best Academic Articles in the subcategory of General Antitrust.
Atomistic Antitrust describes how the antitrust legal regime places a misplaced focus on the consequences of individual acts. This “atomistic” approach tends to miss both the “probabilistic competitive harm” of multiple acts, each of which may or may not harm competition; and the synergies that may cause multiple, individually lawful acts to combine into an anticompetitive outcome.
In ignoring the cumulative effects of numerous decisions, antitrust is missing the forest for the trees.
Professor Feldman is the Arthur J. Goldberg Distinguished Professor of Law, Albert Abramson ’54 Distinguished Professor of Law Chair, and Director of the Center for Innovation, known as C4i, at UC Law SF.