This paper proposes a general framework to assist policymakers in framing the key issues and objectively weighing the relevant evidence and policy considerations for the purpose of determining whether to create, modify, or eliminate any statutory immunity to the federal antitrust laws. The...

Indirect purchaser class actions are a prevalent avenue for the civil recovery of damages resulting from antitrust violations such as price fixing and monopolization. Although both direct purchaser and indirect purchaser actions are commonplace in antitrust, there are key differences between...

Recent evidence indicates the value premium declined over time. In this paper, we argue this decline happened because book equity, BE, is no longer a good proxy for fundamental equity, FE, defined as the equity value originating purely from expected cash flows (i.e., no discount rate differences...

Using the heterogeneous treatment effects literature in econometrics as a starting point, we synthesize concepts related to the certification of classes in class actions in a way that is consistent with the current legal standard and provides valuable testable propositions

Defendants in Sherman Act Section 1 class action cases have historically faced a low likelihood of success in their attempts to defeat class certification, in part because courts often started from a presumption that all class members were harmed by price-fixing. Recent trends in recent judicial...

Simulation is the use of a structural economic model to predict the effects of a change in economic conditions or policy. Simulation has wide application in competitive analysis, from merger review to the calculation of damages in antitrust and patent infringement litigation. It provides a...

In March 2009, China’s Ministry of Commerce (MOFCOM) vetoed the proposed acquisition by Coca-Cola of Huiyuan, a company with an important presence in the Chinese fruit juice market. This is the first time that MOFCOM has prohibited a transaction under the Anti-Monopoly Law (AML), in effect...