The Scottish National Party (SNP) government in Scotland has published an outline of how it wishes economic and competition regulation to operate in the event that it is successful in persuading the residents of Scotland to vote in September 2014 for independence in March 2016. It envisages a...

If the plebiscite in Scotland, due in autumn 2014, results in its independence from the United Kingdom, it is expected to become a member state of the European Union (EU). One consequence of this is that Scotland would be required, by the acquis communitaire, to create a considerable number of...

The Smith Commission completed its work in short order, producing an agreement that would see significant further powers devolved to the Scottish government and parliament. Amongst the arrangements were some additional powers for the Scottish government concerning the work of the Office of...

The Smith Commission is charged with the rapid development of proposals for increased devolution of powers to the Scottish Parliament. One area very poorly covered in the past has been the interaction of devolved government with the regulatory state. While further powers will be devolved, there...

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in...

In my earlier article, I proposed the "Protected Profits Benchmark" (PPB) price standard for determining whether or not a vertically integrated monopolist is engaged in a refusal to deal or price squeeze in violation of Section 2 of the Sherman Act. The PPB would be used where market benchmarks...

Antitrust law is undergoing a transformation that is detrimental to the interest of the general public. “Romantics” are taking over antitrust law—a fact evinced by recent public outreach instruments. This transformation is grounded in populist rhetoric that pits the “elites” (often,...

This paper presents a new theory of institutions. It develops a novel answer to the theoretical question of why social institutions emerge. The theory is general and applies to all forms of incorporation, including religious organizations, business corporations, partnerships, professional...

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

A clause in a patent license agreement which requires the licensee to continuously render royalty payments even after the intellectual property rights have expired has been a very controversial issue in practice. With the infamous United States Supreme Court Ruling of Brulotte v. Thys, and its...