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Chicago, Neo-Chicago and Chicago Squared: A Comment from David Evans and Jorge Padilla

In a recent post, Josh jokingly offered a mathematical “proof” to demonstrate that the Neo-Chicago approach to antitrust was simply an extension of the basic Chicago School approach:

Dan identifies the “Neo-Chicago School”, a term coined by David Evans and Jorge Padilla, as the optimal “third way.”  Basically, the Neo-Chicago school is the combination of price theory, empiricism and the error-cost framework to inform the design of antitrust liability rules.  The new addition to the Neo-Chicago label is the addition of the error-cost framework.  As I’ve written elsewhere, while I consider myself a subscriber to the Neo-Chicago approach, I’m not too convinced there is anything “Neo” about it.  Here’s my mathematical proof of this proposition:

Neo-Chicago = Chicago + Error Cost Framework

Neo-Chicago = Chicago + Intellectual creation of Frank Easterbrook

Neo-Chicago = Chicago + Chicago

Neo-Chicago = 2*Chicago

It’s trivial to demonstrate then that Neo-Chicago is really just a double dose of the Chicago School.  QED.

Like many great jokes this one has dubious premises. Here’s why the theorem fails.

Neo-Chicago can be distinguished from Post-Chicago and Chicago-Squared both of which we take as largely ideological approaches to antitrust:

Neo-Chicago is a non-ideological evidence-based approach to antitrust that can be used globally to fashion competition policy.  It recognizes that optimal rules vary geographically and over time depending on the facts.  Two examples illustrate:

We believe the Neo-Chicago approach can lay the basis for a professional antitrust discipline that can provide guidance for the application of antitrust in diverse jurisdictions and circumstances. It also provides a basis for engaging in constructive discourse about antitrust policy.