Corporate & Securities Law

My Top Ten Antitrust Publications of the Year

Danny Sokol posted his blog’s list of top antitrust publications for the year.  The big winners were Einer Elhauge, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harvard Law Review 397 (2009), and Nathan Miller, Strategic Leniency and Cartel Enforcement, American Economic Review.  In the holiday rush,  I forget to send in my votes.  Sorry about that Danny.  With the normal caveats that I’m sure I’m leaving off some articles I’m just forgetting about at the moment, that the list is entirely subjective, and that the methodological sophistication of the list is essentially equivalent to trying to remember articles and find links while counting with my fingers, here are my top 10 for 2009:

1. William Kovacic, The Federal Trade Commission at 100: Into Our Second Century (Jan 2009)
2. Nathan Miller, Strategic Leniency and Cartel Enforcement, American Economic Review, Vol 99, No. 3 (2009), 750-568
3. Benjamin Klein, Competitive Resale Price Maintenance in the Absence of Free-Riding (forthcoming, Antitrust Law Journal)
4. Paul Seabright, The Undead? A Comment on Professor Elhauge’s Paper,  5 (2) Competition Policy International 277 (2009)
5. Bruce Kobayashi and Joshua D. Wright, Federalism, Substantive Preemption, and the Limits of Antitrust: An Application to Patent Holdup, 5 Journal of Competition Law and Economics 469 (2009).
6. Dennis Carlton, Why We Need To Measure the Effect of Merger Policy and How to Do It, 5(1) Competition Policy International 77 (2009)
7. Thomas Lambert, Dr. Miles is Dead. Now What?: Structuring a Rule of Reason for Minimum Resale Price Maintenance, 50 WILLIAM AND MARY LAW REVIEW 1937 (2009).
8. Daniel A. Crane, Chicago, Post-Chicago and Neo-Chicago, 76 University of Chicago Law Review (2009)
9. William Page and Seldon J. Childers, Measuring Compliance with Compulsory Licensing Remedies in the American Microsoft Case, 76 ANTITRUST L.J. 239 (2009)
10. Alan Devlin, The Stochastic Relationship between Patents and Antitrust, 5(1) Journal of Competition Law and Economics 75 (2009).

Chairman Kovacic’s FTC at 100 Report (all 200 or so pages) is not traditional academic scholarship as such, but is a must read material for anybody who does serious thinking about antitrust institutions and enforcement a legal or economic perspective and so I wanted to call some attention to it here.

What have I left off?

And if I don’t hear from you before then, Happy New Year!

Full post as published by Truth on the Market on December 30, 2009 (boomark / email).