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Everything written by Douglas Ginsburg on law, economics, and more

Douglas Ginsburg

Douglas H. Ginsburg is one of the most prominent scholars of law and economics currently on the bench. He has been a judge on the U.S. Circuit Court of Appeals for the D.C. Circuit since his appointment in November 1986. He served as chief judge from July 2001 until February 2008.

After law school, he was law clerk to the Hon. Carl G. McGowan on the D.C. Circuit and to Justice Thurgood Marshall of the U.S. Supreme Court. He then joined the Harvard Law School faculty from 1975 until 1983, before serving as deputy assistant U.S. attorney general for regulatory affairs in the U.S. Justice Department (DOJ) Antitrust Division from 1983 to 1984; administrator of information and regulatory affairs with the Office of Management and Budget from 1984 to 1985; and assistant U.S. attorney general of the DOJ Antitrust Division from 1985 to 1986.

Judge Ginsburg graduated from Cornell University and from the University of Chicago Law School, where he was the articles editor of the University of Chicago Law Review.

Posts

Judge Ginsburg: On the Proposed Digital Markets Unit and the UK’s Competition and Markets Authority

Douglas Ginsburg Nov 08, 2021

Thank you, Victoria, for the invitation to respond to Mr. Coscelli and his proposal for a legislatively founded Digital Markets Unit. Mr. Coscelli is one of the most talented, successful, and creative heads a competition agency has ever had. In the case of the DMU [ed., Digital Markets Unit], however, I think he has let ... Judge Ginsburg: On the Proposed Digital Markets Unit and the UK’s Competition and Markets Authority

AntitrustBarriers to EntryConsumer Protection

Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics

Joshua D. Wright, Douglas Ginsburg, Tad Lipsky & John M. Yun Feb 06, 2020

After much anticipation, the Department of Justice Antitrust Division and the Federal Trade Commission released a draft of the Vertical Merger Guidelines (VMGs) on January 10, 2020. The Global Antitrust Institute (GAI) will be submitting formal comments to the agencies regarding the VMGs and this post summarizes our main points. The Draft VMGs supersede the ... Wright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to Sound Economics

AntitrustDOJEfficiencies

A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris

Douglas Ginsburg & Joshua D. Wright May 15, 2019

Introduction In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on the predictive power of bargaining models in antitrust, in which we used two recent applications to explore implications for uses of bargaining models in courts and antitrust agencies moving forward.  Like other theoretical models used to predict competitive effects, complex bargaining models ... A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris

Administrative LawAntitrustConsumer Welfare Standard

Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way

Douglas Ginsburg & Joshua D. Wright Dec 07, 2010

In the brave new world contemplated by the advocates of government policies informed by behavioral law and economics, many more aspects of each individual’s life will be regulated, or more stringently regulated, than at present.  Within the legal academy, the growth of the behavioral law and economics movement has been dramatic.  Surveying all legal publications ... Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way

Common LawEconomicsLaw & Economics

Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism

Douglas Ginsburg & Joshua D. Wright Dec 07, 2010

The behavioral economics research agenda is an ambitious one for several reasons.  The first reason is that behavioral economics requires a theory “true” preferences aside from – and in opposition to — the “revealed” preferences of the decision maker.  A second reason is that while collecting and documenting individual biases in an ad hoc fashion ... Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism

CFPBConsumer ProtectionEconomics