The Future of Behavioral Economics in Antitrust Jurisprudence

SCOTUS, Douglas Ginsburg, Derek Moore, Apr 01, 2010

Neoclassical economics or “price theory” has had a profound effect upon antitrust analysis, first as practiced in academia and then as reflected in the jurisprudence of the Supreme Court of the United States. More recently, behavioral economics has had a large and growing influence upon legal scholarship generally. Still, behavioral economics has not yet affected judicial decisions in the United States in any substantive area of law. The question we address is whether that is likely to change in the foreseeable future, i.e., whether

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