The Yale Law Journal

C. Scott Hemphill


The Strategies of Anticompetitive Common Ownership

C. Scott Hemphill & Marcel Kahan

This Article examines the mechanisms through which anticompetitive effects may arise when institutional investors hold stakes in competing firms. Most mechanisms, including cartel facilitation and passive failures to encourage competition, either lack empirical evidence or else are contrary to the i…


Mergers that Harm Sellers

C. Scott Hemphill & Nancy L. Rose

This Feature examines the antitrust treatment of mergers that harm sellers and demonstrates that lost upstream competition is an actionable harm to the competitive process. Hemphill and Rose contend that harm to sellers in an input market is and should be sufficient to support antitrust liability.


Beyond Brooke Group: Bringing Reality to the Law of Predatory Pricing

C. Scott Hemphill & Philip J. Weiser

This Feature offers a roadmap for bringing and deciding predatory pricing cases under the Supreme Court’s restrictive Brooke Group framework. Using historical research, Hemphill and Weiser identify flexibility within the framework that permits empirically grounded evaluation of predation claims.


Parallel Exclusion

C. Scott Hemphill & Tim Wu

122 Yale L.J. 1182 (2013).

Scholars and courts have long debated whether and when “parallel pricing”—adoption of the same price by every firm in a market—should be considered a violation of antitrust law. But there has been a comparative neglect of the importance of “parallel exclusion”—conduct, enga…