In some industries, monopoly is natural. One provider can serve the relevant demand cheaper than two or more firms. If the monopoly is not contestable, i.e. not controlled by a credible threat of entry, regulation is necessary. The essential facilities doctrine is one such regulatory tool. It...

In some industries, monopoly is natural. One provider can serve the relevant demand cheaper than two or more firms. If the monopoly is not contestable, i.e. not controlled by a credible threat of entry, regulation is necessary. The essential facilities doctrine is one such regulatory tool. It...

Iuris prudentia, non iuris scientia. For many lawyers, this bit of Latin settles the affair. Scientific methods are not for us lawyers. If the natural scientists believe in randomized trials, be that so. We have a different task. We have to interpret the law, maybe also contribute to its...

Oliver Williamson has coined the term "fundamental transformation". It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Oliver Williamson has coined the term "fundamental transformation". It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Oliver Williamson has coined the term “fundamental transformation”. It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Defendants should be judged on the merits of the case, not on prejudice, rumors, or evidence obtained through questionable methods. This is why criminal law of procedure regulates which information can be introduced in a trial. Two types of prohibited evidence are the criminal history of the...

Defendants should be judged on the merits of the case, not on prejudice, rumors, or evidence obtained through questionable methods. This is why criminal law of procedure regulates which information can be introduced in a trial. Two types of prohibited evidence are the criminal history of the...