The first generation of competition laws in Central Eastern Europe-enacted in 1990 and 1991 in Czechoslovakia, Hungary, Poland, and Russia-have undergone significant amendements following their earliest enforcement period.This paper uses an analytical framework previously used to examine those...

This paper studies the design of optimal, privately-stipulated damages when breach of contract is possible at more than one point in time. It offers an intuitive explanation for why cancellation fees for some services (e.g., hotel reservations) increase as the time for performance approaches. If...

The decision to request a preliminary injunction—a court order that bans a party from certain actions until their lawfulness are ascertained in a final court ruling at trial—is an important litigation instrument in many areas of the law including antitrust, copyright, patents, trademarks,...

Antiturst enforcement agencies and courts use net effect on price as a touchstone for the legality of mergers. This paper derives a simple, and completely general, condition for implementing that standard when industry equilibrium is static Nash in qualities (Cournot).

During a recent study of how 1991 federal sentencing guidelines have affected the penalities that federal courts impose on public coporations, we performed an independent evaluation of the quality of the data on corporate sanctions released by the U.S. Sentencing Commission to the public (as...

In the U.S., unlike much of the rest of the world, the mixing of banking and commerce is largely prohibited. One exception is industrial loan companies (ILCs), state chartered depository institutions some of which are owned by commercial parents. In 2006, the FDIC put a moratorium on the...

Recent rate increases by U.S. freight railroads have refocused attention on regulation, deregulation, and regulatory reforms in the railroad industry. Legislation introduced into Congress would render a variety of railroad behavior newly subject to the jurisdiction of the antitrust statutes,...

A variety of proposals for creating more competition within the railroad sector are under consideration in countries throughout the world. Brazil, though something of latecomer to wider infrastructure reform, has recently taken large steps in restructuring its railroad system. This paper...