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Full-Text Articles in Law

U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld Feb 2017

U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Analyzes the antitrust lawsuit filed by the United States Department of Justice against the Microsoft Corp. Violations of sections of the Sherman Act; Background of the case; Economic questions raised by Microsoft; Monopolization of the personal computer operating system; Engagement in unreasonable restraints of trade.


Would The Per Se Illegal Treatment Of Reverse Payment Settlements Inhibit Generic Drug Investment?, Bret M. Dickey, Daniel L. Rubinfeld Feb 2017

Would The Per Se Illegal Treatment Of Reverse Payment Settlements Inhibit Generic Drug Investment?, Bret M. Dickey, Daniel L. Rubinfeld

Daniel L. Rubinfeld

"Reverse payment" patent settlements between brand and generic pharmaceutical manufacturers have received substantial scrutiny in recent years. While much has been written about the appropriate antitrust policy towards these settlements, the literature has paid little attention to the effect that changes in that policy might have on the incentives of generic manufacturers to develop generic drugs and challenge branded patents. We present a basic economic model of generic manufacturers' investment decisions and argue that these incentives should be taken into account in evaluating policy issues. We conclude that a per se rule against "reverse payment" patent settlements could chill the …


The Welfare Implications Of Costly Litigation For The Level Of Liability, A. Mitchell Polsinky, Daniel L. Rubinfeld Feb 2017

The Welfare Implications Of Costly Litigation For The Level Of Liability, A. Mitchell Polsinky, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld Feb 2017

Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld Feb 2017

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Daniel L. Rubinfeld

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.


Econometrics In The Courtroom, Daniel L. Rubinfeld Aug 2016

Econometrics In The Courtroom, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld Aug 2016

Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.


3m'S Bundled Rebates: An Economic Perspective, Daniel L. Rubinfeld Aug 2016

3m'S Bundled Rebates: An Economic Perspective, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Merger Simulation: A Simplified Approach With New Applications, Roy J. Epstein, Daniel L. Rubinfeld Aug 2016

Merger Simulation: A Simplified Approach With New Applications, Roy J. Epstein, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Merger simulation is growing in importance as a tool to evaluate the unilateral competitive effects of mergers. This paper offers a relatively non-technical description of the principles of merger simulation. In addition, it introduces PCAIDS, a new and highly flexible "calibrated-demand" merger simulation methodology that is based on a simplified version of AIDS. PCAIDS can be implemented using market shares and two price elasticities; scanner or transaction-level data are not required. The paper offers some applications of merger simulation with PCAIDS that include comparisons with other simulation models. It also shows how PCAIDS can be applied to the analysis of …


The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal S. Gal, Daniel L. Rubinfeld Aug 2016

The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal S. Gal, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Today a growing number of goods and services are provided in the marketplace free of charge; indeed, free or the appearance of free, have become part of our ecosystem. More often than not, free goods and services provide real benefits to consumers and are clearly pro-competitive. Yet free goods may also create significant costs. We show that despite the fact that the consumer does not pay a direct price, there are indirect prices that reflect the opportunity cost associated with the consumption of free goods. These indirect costs can be overt or covert, in the same market in which the …


Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld Aug 2016

Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Antitrust Enforcement In Dynamic Network Industries, Daniel L. Rubinfeld Aug 2016

Antitrust Enforcement In Dynamic Network Industries, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Daniel L. Rubinfeld, Michal Gal Dec 2015

The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Daniel L. Rubinfeld, Michal Gal

Daniel L. Rubinfeld

No abstract provided.


Improving Antitrust Sanctions, Daniel L. Rubinfeld Dec 2015

Improving Antitrust Sanctions, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Book Review: The Microsoft Antitrust Cases - Competition Policy For The Twenty-First Century., Daniel Rubinfeld May 2015

Book Review: The Microsoft Antitrust Cases - Competition Policy For The Twenty-First Century., Daniel Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Measuring Benchmark Damages In Antitrust Litigation, Daniel Rubinfeld, Justin Mccrary Dec 2013

Measuring Benchmark Damages In Antitrust Litigation, Daniel Rubinfeld, Justin Mccrary

Daniel L. Rubinfeld

We compare the two dominant approaches to estimation of benchmark damages in antitrust litigation, the forecasting approach and the dummy variable approach. We give conditions under which the two approaches are equivalent and present the results of a small simulation study.


Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff Dec 2013

Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff

Daniel L. Rubinfeld

Google has been accused of manipulating its organic search results to favor its own services. We explore possible choices of relevant antitrust markets that might make these various antitrust allegations meaningful. We argue that viewing Internet search in isolation ignores the two-sided nature of the search-advertising platform and the feedback effects that link the provision of organic search results to consumers on the one hand, and the sale to businesses of advertising on the other. We conclude that the relevant market in which Google competes with respect to Internet search is at least as broad as a two-sided search-advertising market. …


Why Was The Democratic Transition In South Africa Viable, Daniel L. Rubinfeld, Robert P. Inman Dec 2013

Why Was The Democratic Transition In South Africa Viable, Daniel L. Rubinfeld, Robert P. Inman

Daniel L. Rubinfeld

No abstract provided.


Antitrust Settlements, Daniel L. Rubinfeld Dec 2013

Antitrust Settlements, Daniel L. Rubinfeld

Daniel L. Rubinfeld

This essay sketches out the conceptual framework underlying the settlement-trial decision and describes some of the empirical evidence concerning the settlement of public and private antitrust cases. Some emphasis is given to the expansive growth of public enforcement in countries outside the United States. Coupled with leniency programs, active public enforcement has encouraged settlement, which is turn has generated substantial public debate as to the deterrence value of settlement-driven policies.


Airline Network Effects And Consumer Welfare, Daniel L. Rubinfeld, Mark Israel, Bryan Keating, Bobby Willig Oct 2013

Airline Network Effects And Consumer Welfare, Daniel L. Rubinfeld, Mark Israel, Bryan Keating, Bobby Willig

Daniel L. Rubinfeld

In this paper we develop a methodology to quantify the value to consumers of the non-price characteristics of airline networks. Our research demonstrates that analyses that ignore the quality effects associated with expanded airline networks generate incorrect findings and thus should not form the basis for policy decisions regarding airline transactions. Appropriately incorporating quality effects into quality-adjusted fares reverses the conclusion that hub airports yield lower consumer welfare due to generally higher fares than other airports. From the perspective of consumer welfare in this industry, to evaluate potential airline mergers, alliances, slot swaps or other transactions, one should not focus …


Understanding The Democratic Transition In South Africa, Daniel L. Rubinfeld, Robert P. Inman Jan 2013

Understanding The Democratic Transition In South Africa, Daniel L. Rubinfeld, Robert P. Inman

Daniel L. Rubinfeld

No abstract provided.


The Use And Threat Of Injunctions In The Rand Context, Daniel L. Rubinfeld, James Ratliff Dec 2012

The Use And Threat Of Injunctions In The Rand Context, Daniel L. Rubinfeld, James Ratliff

Daniel L. Rubinfeld

No abstract provided.


Federalism, Daniel L. Rubinfeld, Robert P. Inman Dec 2011

Federalism, Daniel L. Rubinfeld, Robert P. Inman

Daniel L. Rubinfeld

No abstract provided.


Federal Institutions And The Democratic Transition: Learning From South Africa, Robert P. Inman, Daniel L. Rubinfeld Apr 2011

Federal Institutions And The Democratic Transition: Learning From South Africa, Robert P. Inman, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Antitrust Class Certification: Towards An Economic Framework, Daniel Rubinfeld Mar 2011

Antitrust Class Certification: Towards An Economic Framework, Daniel Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Revising The Horizontal Merger Guidelines: Lessons From The U.S. And The E.U., Richard J. Gilbert Dec 2010

Revising The Horizontal Merger Guidelines: Lessons From The U.S. And The E.U., Richard J. Gilbert

Daniel L. Rubinfeld

No abstract provided.


Proposed Horizontal Merger Guidelines: Economists’ Comment, Michael R. Baye, Aaron S. Edlin, Richard J. Gilbert, Jerry A. Hausman, Daniel L. Rubinfeld, Steven C. Salop, Richard L. Schmalensee, Joshua D. Wright Jun 2010

Proposed Horizontal Merger Guidelines: Economists’ Comment, Michael R. Baye, Aaron S. Edlin, Richard J. Gilbert, Jerry A. Hausman, Daniel L. Rubinfeld, Steven C. Salop, Richard L. Schmalensee, Joshua D. Wright

Daniel L. Rubinfeld

No abstract provided.


On The Pretrial Use Of Economics, Daniel L. Rubinfeld Dec 2009

On The Pretrial Use Of Economics, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


The Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld May 2005

The Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld Sep 2004

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.