This is a draft of an article that will be published - after some editorial revision - in the Journal of Governance and Regulation. It discusses first the differences between market economic models, socialist or planned economies, and economies controlled by monopolies or cartels, to make the...

The marginal cost of a good is not usually a relevant factor when crafting intellectual property policy. Marginal costs estimates are based on models of static efficiency, not dynamic efficiency, which is more relevant to policymakers.Profit margins on goods must be high enough to both support...

In this piece, we respond to comments on our earlier essay on access pricing in telecommunications on the efficient component-pricing rule (ECPR) that appeared in the Winter, 1994 issue of the Yale Journal on Regulation. We are in essential agreement with the comments of Professor Alfred Kahn...

In a review of recent antitrust measures undertaken by the Biden Administration, this paper observes that antitrust theory and policy remains one decade behind in preempting and preventing the many harms from consolidation in healthcare markets. A version of of this article was delivered in...

The power of today’s tech giants has prompted calls for changes in antitrust law and policy which, for decades, has been exceedingly permissive in merger enforcement and in constraining dominant firm conduct. Economically, the fear is that the largest digital platforms are so dominant and its...

This paper examines the ideas behind competition law in New Zealand and offers a critical assessment of its practice. It is a policy paper aimed at lawyers and legal scholars. While the paper focuses on the NZ Commerce Act, it has general applicability. The purpose of competition law in New...

The Antitrust Marathons explore enduring issues of competition and consumer policy on a comparative basis through roundtable discussions of senior officials, practitioners, and academics in more depth than is possible in traditional conference format. Each Antitrust Marathon includes special...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

This essay summarizes our work on brands and competition. Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Brands also have important effects on competition and the marketplace; yet the two key areas of law...

We analyze mixed bundling in two-sided markets where installed base effects are present and find that the pricing structure deviates from traditional bundling as well as the standard two-sided markets literature - we determine prices on both sides fall with bundling. Mixed bundling acts as a...