The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Public Choice”

Some Good News (Maybe?) from DOJ’s Antitrust Division

I remain deeply skeptical of any antitrust challenge to the AT&T/Time Warner merger.  Vertical mergers like this one between a content producer and a distributor are usually efficiency-enhancing.  The theories of anticompetitive harm here rely on a number of implausible assumptions — e.g., that the combined company would raise content prices (currently set at profit-maximizing ... Some Good News (Maybe?) from DOJ’s Antitrust Division

Just in Time for Christmas: How to Regulate

My new book, How to Regulate: A Guide for Policymakers, is now available on Amazon.  Inform Santa! The book, published by Cambridge University Press, attempts to fill what I think is a huge hole in legal education:  It focuses on the substance of regulation and sets forth principles for designing regulatory approaches that will maximize social ... Just in Time for Christmas: How to Regulate

Todd Zywicki on Fred McChesney

Todd J. Zywicki is a George Mason University Foundation Professor of Law at the Scalia Law School at George Mason University and a former Director of the Office of Policy Planning at the FTC. I was saddened to read of the passing of my dear friend Fred McChesney. An amazing scholar and an even more amazing ... Todd Zywicki on Fred McChesney

Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

Richard Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. It was with much sadness that I learned of the ... Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar

Thoughts on Fred McChesney

Paul Rubin is Samuel Candler Dobbs Professor of Economics at Emory University. I first met Fred in about 1977, when I presented a paper at Miami and Fred was a student in the Law and Economics program. We thought alike and became friends immediately. After that, I saw Fred in Washington, when I worked at the ... Thoughts on Fred McChesney

Tim Muris on Fred McChesney

Timothy Muris is a George Mason University Foundation Professor of Law at the Scalia Law School at George Mason University and Senior Counsel at Sidley Austin LLP. From 2000-2004 he was Chairman of the Federal Trade Commission. I knew Fred for over 40 years, and came to have a deep love and affection for his ... Tim Muris on Fred McChesney

Bill MacLeod: A Personal Reflection on Fred McChesney

William C. MacLeod is a partner at Kelley, Drye & Warren LLP, where he chairs the firm’s Antitrust and Competition practice group. He is a former director of the Bureau of Consumer Protection at the FTC. It is only with hindsight that we can appreciate the naïveté of conventional wisdom. In 1970, when Fred McChesney ... Bill MacLeod: A Personal Reflection on Fred McChesney

In Memoriam: Fred McChesney

As many Truth on the Market readers likely know, law and economics scholar, Fred McChesney, passed away last month. As we prepare to lay Fred to rest later this week, I have asked some of Fred’s friends and colleagues to contribute their thoughts about Fred’s life, and his influence as a scholar and as a ... In Memoriam: Fred McChesney

When Should the Government Provide Public Goods?

My new book, How to Regulate: A Guide for Policymakers, will be published in a few weeks.  A while back, I promised a series of posts on the book’s key chapters.  I posted an overview of the book and a description of the book’s chapter on externalities.  I then got busy on another writing project ... When Should the Government Provide Public Goods?

The Present State and Future Prospects of the International Competition Network (ICN)

Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)

How to Regulate: Externalities

Following is the second in a series of posts on my forthcoming book, How to Regulate: A Guide for Policy Makers (Cambridge Univ. Press 2017).  The initial post is here. As I mentioned in my first post, How to Regulate examines the market failures (and other private ordering defects) that have traditionally been invoked as ... How to Regulate: Externalities

How to Regulate: An Overview

So I’ve just finished writing a book (hence my long hiatus from Truth on the Market).  Now that the draft is out of my hands and with the publisher (Cambridge University Press), I figured it’s a good time to rejoin my colleagues here at TOTM.  To get back into the swing of things, I’m planning ... How to Regulate: An Overview