The Archives

Everything written by Timothy J. Brennan on law, economics, and more

Coronavirus treatments and vaccines: Patents … or a Prize?

Observers on TOTM and elsewhere have pointed out the importance of preserving patent rights as pharmaceutical and biotechnology companies pursue development of treatments for, and better vaccines against,  Covid-19. As the benefits of these treatments could reach into the trillions of dollars (see here for a casual estimate and here for a more serious one), ... Coronavirus treatments and vaccines: Patents … or a Prize?

The Pandemic Exception that Proves the Market Rule

[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Tim Brennan, (Professor, Economics & Public Policy, University of Maryland; former FCC; former FTC).] Thinking about how to think about ... The Pandemic Exception that Proves the Market Rule

Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated

[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Timothy J. Brennan (Professor, Public Policy and Economics, University of Maryland; former Chief Economist, FCC; former economist, DOJ Antitrust Division).]  The DOJ Antitrust ... Brennan: Guidance on Enforcement Against “Pure” Vertical Mergers: It’s Complicated

Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust

When I first started working in antitrust at the Justice Department over thirty years ago—there’s a hard reality to accept—the Antitrust Division was then embroiled in an effort to reform the regulation of oil pipelines. The argument on this now obscure issue was that effective prevention of the exercise of market power by natural monopoly ... Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust

Section 2 Symposium: Tim Brennan on Predation, Exclusion, and Complement Market Monopolization

As evidenced by this on-line symposium, the handling of cases under the rubrics “monopolization,” “single firm conduct”, or “abuse of dominance” continues to be debated by the competition policy community. This debate, as evidenced by the Antitrust Division’s Sept. 2008 single firm conduct report and the FTC responses, is not restricted within the U.S. The ... Section 2 Symposium: Tim Brennan on Predation, Exclusion, and Complement Market Monopolization