In the US, law and economics is so well established that many law schools have given up on a separate law and economics course. It seems obvious that economic theory matters for the interpretation and the evolution of the law. More recently, the empirical law movement has been gaining momentum...

Anti-trust cases more often than not hinge upon market definition. The anti-trust authorities use standardised tests for the purpose, like the small but significant and nontransitory increase in price test prevalent in US law. These tests are often read as neoclassical economics, watered down to...

Nobody would claim that regulators, or academics working on regulatory policy, have neglected the Internet. But most of this work is attracted by the global character of the Internet. Admittedly this is a serious challenge to regulation. But it is not the only, and probably not even the most...

Unlike its US counterpart, the German Constitution offers all-encompassing protection; in American jargon German law thus is in the Lochner era. But this generosity only applies to individual freedom, not to private governance. There are select guarantees of governance too, as for the churches...

Judges are human beings. Is their behavior therefore subject to the same effects that psychology and behavioral economics have documented for convenience samples, like university students? Does that fact that they decide on behalf of third parties moderate their behavior? In which ways does the...

A cartel is socially not desirable. But is it a normative problem? And has merger control reason to be concerned about tacit collusion? Neither is evident once one has seen that the members of a cartel face a problem of strategic interaction. It is routinely analysed in terms of game theory....

Mutual disdain is an effective border patrol at the demarcation lines between disciplines. Social scientists tend to react with disdain when they observe how their findings are routinely stripped of all the caveats, assumptions and careful limitations once they travel into law. Likewise, lawyers...

Traditionally, there have been two separate telecommunications networks, one based on switches, the other based on routers. The switched network basically carried voice. The packet switched network basically carried data. Now voice is about to go packet switched too. Ultimately, both networks...

Behavioural law and economics is a growing industry. In its neighbourhood, old contacts between lawyers and psychologists are revitalised, and redirected to understanding and designing the law as a governance tool. This is promising work. But lawyers fascinated by behavioural analysis are...

Corporate actors differ from individuals in one important respect: technically, it may be possible to observe the formation of the corporate will from outside, and to impact on its formation. This feature can be exploited by regulators. One technology is inducing corporate actors to hire an...