Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

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. …


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.