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Article
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...
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Article
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...
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Article
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...
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Reference Work Entry In depth
Nuisance
This entry sets out the law and the economic theory of nuisance. Nuisance law serves a regulatory function: it induces actors to choose the socially preferred level of an activity by imposing liability when th...
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Article
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...
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Article
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...
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Living Reference Work Entry In depth
Nuisance
This entry sets out the law and the economic theory of nuisance. Nuisance law serves a regulatory function: it induces actors to choose the socially preferred level of an activity by imposing liability when th...
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Article
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 ...
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Article
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...
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Chapter
Preserving Competition: Economic Analysis, Legal Standards, and Microsoft