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Law and Economics

American University Washington College of Law

Trade Regulation

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Unlocking Antitrust Enforcement, Jonathan Baker Jan 2018

Unlocking Antitrust Enforcement, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker Jan 2016

Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

As is well known among financial economists but not previously recognized within the antitrust community, large and diversified institutional investors such as BlackRock, Fidelity, State Street, and Vanguard collectively own roughly two-thirds of the shares of publicly traded U.S. firms overall, up from about one-third in 1980. Recent economic research involving airlines and banking raises the possibility that overlapping ownership of horizontal rivals by diversified financial institutions facilitates anticompetitive conduct throughout the economy, and that the problem has been growing for decades, unnoticed until now. This response to an article by Professor Einer Elhauge, explains why it may be more …


Market Definition: An Analytical Overview, Jonathan Baker Jan 2007

Market Definition: An Analytical Overview, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

This essay surveys important issues in antitrust market definition. It identifies settings in which market definition is useful, and evaluates methods of defining markets. It considers whether markets should be defined with respect to demand substitution only or whether supply substitution also should count. It addresses practical issues in defining markets, including the probative value of various types of evidence, how much buyer substitution is too much, application of the market definition algorithm of the Horizontal Merger Guidelines, the Cellophane fallacy, and the advantages and disadvantages of defining submarkets. It also evaluates several controversial approaches to market definition, including price …


Recent Developments In Economics That Challenge Chicago School Views, Jonathan Baker Jan 1989

Recent Developments In Economics That Challenge Chicago School Views, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.