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Selected Enforcement-Related Writing

Professor Fiona Scott Morton

Explaining how Standard Setting Organizations create harmful market power for Standard Essential Patents (SEPs): Strategic Patent Acquisitions 2014

Explaining why loyalty rebates can be an antitrust violation by excluding rivals: A Unifying Analyitical Framework for Loyalty Rebates 2017 (FTC Syngenta suit 2022)  

Explaining how common ownership lessens competition and can be an antitrust violation: Yale Law Journal - Horizontal Shareholding and Antitrust Policy 2018

Explaining why platform MFNs can be an antitrust violation: Yale Law Journal - Antitrust Enforcement Against Platform MFNs 2018 (Washington DC suit 2022, State of California suit 2022)

Explaining how strong antitrust enforcement and complementary regulation are needed for digital platforms: Stigler Committee on Digital Platforms: Final Report - Stigler Center | Chicago Booth 2019

Explaining the economic principles needed to effectively enforce vertical mergers: Five Principles for Vertical Merger Enforcement Policy by Jonathan B. Baker, Nancy L. Rose, Steven C. Salop, Fiona M. Scott Morton :: SSRN 2019 (New agency vertical merger guidelines released 2020)

Explaining how to analyze innovation competition and its importance: Antitrust and Innovation: Welcoming and Protecting Disruption by Giulio Federico, Fiona M. Scott Morton, Carl Shapiro :: SSRN 2019

An open letter explaining why antitrust reform is needed in the United States: Joint-Response-to-the-House-Judiciary-Committee-on-the-State-of-Antitrust-Law-and-Implications-for-Protecting-Competition-in-Digital-Markets.pdf ( April 2020

Explaining what a Google ad tech case could look like and why divestiture (break up) is a good remedy:  Roadmap for a Digital Advertising Monopolization Case Against Google - Omidyar Network May 2020 (Texas suit Dec 2020, DOJ suit Jan 2023)

Explaining what a Google search case could look like: June 2020 (DOJ and States suit Oct 2020)

Explaining what a Facebook case could look like:  Roadmap-for-an-Antitrust-Case-Against-Facebook.pdf (  June 2020 (FTC suit Dec 2020)

Calling for significant revisions to the US merger guidelines, including the harms to workers in labor markets: The 2010 HMGs Ten Years Later: Where Do We Go From Here? by Steven C. Salop, Fiona M. Scott Morton :: SSRN (2020, DOJ/FTC call to revise the Merger Guidelines 2022)

Explaining why the divestiture of Android OS is a good remedy in a Google search case: Digital Regulation Project - Search - Discussion Paper No 2_5-28-21 ( 2023 (first draft 2021)

Explaining why the DMA is a good solution to competition problems: Yale Journal on Regulation paper on the DMA Fairness and Contestability ( 2023 (first draft 2021)

Explaining the importance of behavioral economics in competition enforcement: Consumer Protection ( 2023 (first draft 2021)

Explaining the economics of ecosystem cases like Google-Fitbit: Platform Annexation ( 2022

Explaining how increased output of addictive technologies is often not a benefit to consumers in antitrust cases: Addictive Technology and Its Implications for Antitrust Enforcement ( 2022

I testified for the Senate Judiciary Committee, Subcommittee on Competition Policy, Antitrust, and Consumer Rights Reining in Dominant Digital Platforms: Restoring Competition to Our Digital Markets March 7, 2023