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This book chapter, published in 2002, argues that courts decide antitrust cases based mainly on their perception of the “obvious” effects of the practices at issue on consumers. Courts must rely on both theory and evidence in resolving antitrust cases, but the persuasiveness of theoretical...
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The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent infringement cases, an approach that shows them to be presumptively prohibited agreements in restraint of competition. The issue is timely in light of the Watson v FTC case now pending...
Persistent link: https://www.econbiz.de/10013088436
While price-fixing cartel prosecutions have received significant attention, the policy determinants and the political preferences that guide such antitrust prosecutions remain understudied. We empirically examine the intertemporal shifts in U.S. antitrust cartel prosecutions during the period...
Persistent link: https://www.econbiz.de/10011346282
A competition authority has an objective, which specifies what output profile firms need to produce as a function of production costs. These costs change over time and are only known by the firms. The objective is implementable if inequilibrium, the firms cannot collude on their reports to the...
Persistent link: https://www.econbiz.de/10012602309
Hipster Antitrust calls for the outright rejection of the consumer welfare standard as the lodestar of antitrust law in favor of a vague “public interest” test that requires courts and agencies to consider a variety of social and political goals. It also advocates for focusing antitrust...
Persistent link: https://www.econbiz.de/10014114528
identified exclusively with the learning of the original "Freiburg School" which represents the formative period of German … important insights that have markedly changed some of the basic concepts of the "Freiburg School" so as to bring ordoliberalism … enriched and developed beyond the "Freiburg School" toward the contemporary version of ordoliberalism. This approach is still …
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