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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, 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
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...