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    Getting Merger Guidelines Right

    This paper is on the new (2023) Merger Guidelines. It makes several arguments: First, that the Guidelines should be understood as existing in a political equilibrium. Second, that the new structural presumptio...

    Keith N. Hylton in Review of Industrial Organization (2024)

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    Error Costs, Ratio Tests, and Patent Antitrust Law

    This paper examines the welfare tradeoff between patent and antitrust law. Since patent and antitrust law have contradictory goals, the question that naturally arises is how one should choose between the two i...

    Keith N. Hylton, Wendy Xu in Review of Industrial Organization (2020)

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    Law and economics versus economic analysis of law

    I agree with Calabresi’s general distinction between Economic Analysis of Law and Law and Economics. However, these broad categories may obscure important differences between types of law and economics scholar...

    Keith N. Hylton in European Journal of Law and Economics (2019)

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    Law, Social Welfare, and Net Neutrality

    Net neutrality generates wealth transfers from one type of internet content provider to another. In theory, these transfers might be socially desirable, and could be justified on the basis of informational ex...

    Keith N. Hylton in Review of Industrial Organization (2017)

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    Negligence and two-sided causation

    We extend the economic analysis of negligence and intervening causation to “two-sided causation” scenarios. In the two-sided causation scenario the effectiveness of the injurer’s care depends on some interven...

    Keith N. Hylton, Haizhen Lin, Hyo-Youn Chu in European Journal of Law and Economics (2015)

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    Injunctive and reverse settlements in competition-blocking litigation

    We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse (payment) settlement is a special type of injunctive ...

    Keith N. Hylton, Sungjoon Cho in European Journal of Law and Economics (2013)

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    Brown Shoe Versus the Horizontal Merger Guidelines

    The new Horizontal Merger Guidelines, if treated by courts as a source of law, would reduce the discretion that is traditionally exercised by courts in defining relevant markets and market power in merger case...

    Keith N. Hylton in Review of Industrial Organization (2011)