CPI 2(2)

State Efforts to Assist Competitors Maureen Ohlhausen, Nov 01, 2006 Identifying, Challenging, and Assigning Political Responsibility for State Regulation Restricting Competition This paper examines the role of competition advocacy in combating anticompetitive state regulation. Looking at the constraints facing competition officials such as the state action doctrine, the analysis suggests potential avenues for surmounting these […]

Review of Hovenkamp, The Antitrust Enterprise: Principle and Execution

Randal Picker, Oct 30, 2006 Herbert Hovenkamp is best known to the antitrust bar for his role as the senior surviving author of the multi-volume Antitrust Law treatise originated by Philip Areeda and Donald Turner. The treatise is the standard reference in antitrust, and the common-law nature of antitrust in the United States makes the […]

Identifying, Challenging, and Assigning Political Responsibility for State Regulation Restricting Competition

Maureen Ohlhausen, Nov 01, 2006 This paper examines the role of competition advocacy in combating anticompetitive state regulation. Looking at the constraints facing competition officials such as the state action doctrine, the analysis suggests potential avenues for surmounting these constraints. Relying on experience as the Director of the U.S. Federal Trade Commission’s Office of Policy […]

Illinois Tool Works v. Independent Ink: A Lawyer’s Take on Ending Special Suspicion of Patent Tying

Richard Taranto, Nov 01, 2006 The U.S. Supreme Court´s decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., holds that a plaintiff, when asserting a tying claim under the familiar modified per se rule requiring market power for liability, must affirmatively prove such power even if the defendant owns a patent covering the tying […]

EU State Measures against Foreign Takeovers: “Economic Patriotism” in All but Name

Nelson Jung, Alex Nourry, Nov 01, 2006 This article examines the compatibility of special rights and other state measures with the EC´s single market objectives within the framework of the EC Treaty and their impact on foreign takeovers and investments. It also examines the initiatives taken by the Commission in order to eliminate such measures […]

Commerce Clause Constraints on State Business Location Incentives

Peter Enrich, Nov 01, 2006 This article considers whether, and to what extent, the Commerce Clause limits the ability of states and localities to engage in the incentive competition that has proliferated in recent decades. In particular, the author argues that well-established Commerce Clause principles forbid a wide range of the location-based tax incentives that […]

The Competitive Order and Its Implementation

Nov 01, 2006 This article was originally published as Walter Eucken, Die Wettbewerbsordnung und ihre Verwirklichung (The Competitive Order and Its Implementation), 2 ORDO, JAHRBUCH FR DIE ORDNUNG VON WIRTSCHAFT UND GESELLSCHAFT 1-99 (1949). This is the English translation by Christian Ahlborn and Carsten Grave of Linklaters. This content is for paid subscriptions only. Click […]

The Economics of Welfare Standards in Antitrust

Joseph Farrell, Michael Katz, Nov 01, 2006 There has been considerable debate concerning whether consumer surplus or total surplus should be the welfare standard for antitrust. This debate misses two critical issues. First, antitrust is not straightforwardly welfarist. It does not maximize but protects, and it does not forbid all actions that seem likely to […]

Welfare Standards and Merger Analysis: Why Not the Best?

Ken Heyer, Nov 01, 2006 The author argues for using the total welfare standard, rather than the more commonly employed consumer welfare standard. In doing so, Heyer responds to three broad objections that have been raised. One is that use of a total welfare standard conflicts with antitrust law, or at least with legal precedent. […]