The Role of Antitrust in Preventing Patent Holdup
Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested… Continue reading →
Search results for: “Article”
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Reasonableness In and Out of Negligence Law
The law’s use of the terms “reasonable” and “unreasonable” are legion and notorious. Indeed, the law’s seemingly carefree attitude in… Continue reading →
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Competition Law as Common Law: American Express and the Evolution of Antitrust
We explore the implications of the widely accepted understanding that competition law is common—or “judge-made”—law. Specifically, we ask how the… Continue reading →
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Oligopoly Coordination, Economic Analysis, and the Prophylactic Role of Horizontal Merger Enforcement
For decades, the major United States airlines have raised passenger fares through coordinated fare-setting when their route networks overlap, according… Continue reading →
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Toward a Pigouvian State
Most economists believe that the government should impose Pigouvian taxes on firms that produce negative externalities like pollution, yet regulatory… Continue reading →
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Framing the Chicago School of Antitrust Analysis
The Chicago School of antitrust has benefitted from a great deal of law office history, written by admiring advocates rather… Continue reading →
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Constitutional Theory and the Problem of Disagreement
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →