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Getting Merger Guidelines Right
In: Boston Univ. School of Law Research Paper No. 24-3
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A Comment on Markovits's Welfare Economics and Antitrust
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 68, Heft 4, S. 603-607
ISSN: 1930-7969
I criticize two features of the new book by Richard Markovits. One is the notion that ethics or moral judgments should be part of our analysis of antitrust. The other is the notion that market definition is incoherent.
Mutual optimism and risk preferences in litigation
In: International review of law and economics, Band 75, S. 106157
ISSN: 0144-8188
Originalism, Official History, and Perspectives versus Methodologies
In: Boston Univ. School of Law Research Paper No. 23-34
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Utility, Copyright, and Fair Use after Warhol
In: Boston Univ. School of Law Research Paper No. 23-30
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Tort Theory and the Restatement, in Retrospect
In: Boston Univ. School of Law Research Paper No. 23-16
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Two Approaches to Equality, with Implications for Grutter
In: Boston Univ. School of Law Research Paper No. 22-39
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Economic Theory of Criminal Law
In: Oxford Research Encyclopedia of Economics and Finance, Oxford University Press, Forthcoming
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Working paper
Deterrence and Aggregate Litigation
In: Boston Univ. School of Law, Law and Economics Research Paper No. 17-45
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Digital Platforms and Antitrust Law
In: Boston Univ. School of Law, Law and Economics Research Paper No. No. 19-8, May 2019
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Working paper
Whom Should We Punish, and How? Rational Incentives and Criminal Justice Reform
In: Boston Univ. School of Law, Law and Economics Research Paper No. 17-18
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Roger Blair and Intellectual Property
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 61, Heft 3, S. 376-381
ISSN: 1930-7969
Although intellectual property is just a sidelight of Roger Blair's work, he has published at least seven articles and coauthored a book on this subject. Blair's work sets out robust economic models that address nearly all of the significant economic issues in intellectual property. Moreover, by using the property rules framework, he has offered a useful counterweight to the reward-to-loss theory that dominates the literature.
Markovits on Defining Monopolization: A Comment
In: The Antitrust bulletin: the journal of American and foreign antitrust and trade regulation, Band 61, Heft 1, S. 105-108
ISSN: 1930-7969
In this comment I focus on Richard Markovits's definition of monopolization in his new book, Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (Springer 2014), and also his assertion that monopolization is distributively unjust. I agree wholeheartedly with his approach to defining monopolization, though I might alter a few details. However, I think the distributive justice effects of monopolization are ambiguous.
Antitrust and Intellectual Property: A Brief Introduction
In: Cambridge Handbook of Antitrust, Intellectual Property and High Tech (Roger D. Blair & D. Daniel Sokol eds., 2017), Forthcoming
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Working paper