University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2020 What’s in Your Wallet (and What Should the Law Do About it?) Natasha Sarin University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Antitrust and Trade Regulation Commons, Commercial Law Commons, Consumer Protection Law Commons, Economic Policy Commons, Economic Theory Commons, Industrial Organization Commons, Law and Economics Commons, Law and Society Commons, Other Business Commons, and the Policy Design, Analysis, and Evaluation Commons Repository Citation Sarin, Natasha, "What’s in Your Wallet (and What Should the Law Do About it?)" (2020). Faculty Scholarship at Penn Law. 2077. https://scholarship.law.upenn.edu/faculty_scholarship/2077 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. What’s in Your Wallet (and What Should the Law Do About It?) Natasha Sarin† In traditional markets, firms can charge prices that are significantly elevated relative to their costs only if there is a market failure. However, this is not true in a two-sided market (like Amazon, Uber, and Mastercard), in which firms often subsi- dize one side of the market and generate revenue from the other. This means consid- eration of one side of the market in isolation is problematic. The Court embraced this view in Ohio v American Express, requiring that anticompetitive harm on one side of a two-sided market be weighed against benefits on the other side.