September 23, 2021
ICLE Amicus Brief in Sanofi-Aventis U.S. v. Mylan Inc.
A brief of amici curiae from the International Center for Law & Economics and other notable law & economics scholars in the 10th Circuit case of Sanofi v Mylan.
Resources
September 23, 2021
tl;dr – Dystopia vs. Evidence-Based Policymaking
Background… All around the world, policymakers are proposing legislative changes that would drastically alter the ways that online platforms can operate. Motivating these initiatives have been fears that, absent explicit…
September 10, 2021
Polluting Words: Is There a Coasean Case to Regulate Offensive Speech?
Introduction Economist Ronald Coase devoted an article in the 1974 edition of the American Economic Review to an idea he had observed to be common among his academic colleagues: (I)n…
September 9, 2021
Antitrust Dystopia and Antitrust Nostalgia
The dystopian novel is a powerful literary genre. It has given us such masterpieces as Nineteen Eighty-Four, Brave New World, and Fahrenheit 451. Though these novels often shed light on the risks of…
September 8, 2021
Antitrust Dystopia and Antitrust Nostalgia: Alarmist Theories of Harm in Digital Markets and Their Origins
Dystopian thinking is pervasive within the antitrust community. Unlike entrepreneurs, antitrust scholars and policy makers often lack the imagination to see how competition will emerge and enable entrants to overthrow seemingly untouchable incumbents.
September 7, 2021
More Evidence that the Patent System Promotes Dynamic Competition and Consumer Welfare
The patent system is too often caricatured as involving the grant of “monopolies” that may be used to delay entry and retard competition in key sectors of the economy. The…
September 1, 2021
Breaking Down the American Choice and Innovation Online Act
The American Choice and Innovation Online Act (previously called the Platform Anti-Monopoly Act), introduced earlier this summer by U.S. Rep. David Cicilline (D-R.I.), would significantly change the nature of digital platforms and, with…
August 19, 2021
Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers
The U.S. economy survived the COVID-19 pandemic and associated government-imposed business shutdowns with a variety of innovations that facilitated online shopping, contactless payments, and reduced use and handling of cash, a…
August 10, 2021
Technology Mergers and the Market for Corporate Control
In recent years, a growing chorus of voices has argued that existing merger rules fail to apprehend competitively significant mergers, either because they fall below existing merger-filing thresholds or because…