Browsing by Author "Elhauge, Einer"
Now showing items 1-20 of 24
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Anti-Competitive Exclusion and Market Division Through Loyalty Discounts
Elhauge, Einer Richard; Wickelgren, Abraham (John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2011)We show that loyalty discounts create an externality among buyers even without economies of scale or downstream competition, and whether or not buyers make any commitment. Each buyer who signs a loyalty discount contract ... -
Anti-Competitive Market Division Through Loyalty Discounts Without Buyer Commitment
Elhauge, Einer Richard; Wickelgren, Abraham L. (John M. Olin Center for Law, Economics, and Business. Harvard Law School, 2012)We show that loyalty discounts without buyer commitment create an externality among buyers because each buyer who signs a loyalty discount contract softens competition and raises prices for all buyers. This externality can ... -
Can Health Law Become a Coherent Field of Law?
Elhauge, Einer Richard (Wake Forest Law Review, 2006) -
Contrived Threats v. Uncontrived Warnings: A General Solution to the Puzzles of Contractual Duress, Unconstitutional Conditions, and Blackmail
Elhauge, Einer Richard (University of Chicago Press, 2015)Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements, but sometimes do not. This article ... -
Disgorgement as an Antitrust Remedy
Elhauge, Einer Richard (American Bar Association, 2009)Disgorgement of illicitly-gained profits is a legally available remedy, but is rarely sought by antitrust agencies. This piece argues that the main conventional explanation for its rare usage - the availability of private ... -
Do Patent Holdup and Royalty Stacking Lead to Systematically Excessive Royalties?
Elhauge, Einer Richard (Oxford University Press, 2008)Some recent literature has concluded that patent remedies result in systematically excessive royalties because of holdup and stacking problems. This article shows this literature is mistaken. The royalty rates predicted ... -
Failed Resurrection of the Single Monopoly Profit Theory
Elhauge, Einer Richard (Competition Policy International, 2010)Various arguments attempting to resurrect the single monopoly profit theory of tying have been made, but none are successful. The Seabright claim that it is supported by a lack of empirical proof fails because the single ... -
Horizontal Shareholding As An Antitrust Violation
Elhauge, Einer Richard (2015)Horizontal shareholdings exist when a common set of investors own significant shares in corporations that are horizontal competitors in a product market. Economic models show that such horizontal shareholdings are likely ... -
How Italian Colors Guts Private Antitrust Enforcement by Replacing It With Ineffective Forms Of Arbitration
Elhauge, Einer Richard (Fordham University School of Law, 2015)The recent US Supreme Court decision in American Express v. Italian Colors Restaurant threatens to gut private antitrust enforcement in the United States by replacing it with ineffective forms of arbitration. The Court's ... -
How Should Competition Law Be Taught?
Elhauge, Einer Richard (eSapience, 2008)In a recent review of Global Competition Law and Economics, a book I co-wrote with Damien Geradin, John Kallaugher raises some interesting questions about the very premises of the book. These questions seem worth addressing ... -
Interlocking Directorates in the European Union: An Argument For Their Restriction
Petersen, Vidir Smari (2016)The EU Commission has recently undertaken a review of the EU Merger Regulation. In this process it has published a White Paper that proposes to extend the Regulation to cover situations in which firms acquire minority ... -
The Irrelevance of the Broccoli Argument Against the Insurance Mandate
Elhauge, Einer Richard (Massachusetts Medical Society, 2011) -
I’m Not Quite Dead Yet – And Other Health Care Observations
Elhauge, Einer Richard (2013) -
The Killer Precedent for Today's Decision
Elhauge, Einer Richard (New Republic, 2012) -
Obamacare and the Theory of the Firm
Elhauge, Einer Richard (University of Chicago Press, 2015)Health care fragmentation today raises costs and worsens health outcomes. The theory of the firm indicates that cost and quality problems could be addressed by permitting greater vertical integration among complementary ... -
Rehabilitating Jefferson Parish: Why Ties Without a Substantial Foreclosure Share Should Not Be Per Se Legal
Elhauge, Einer Richard (Harvard John M. Olin Center for Law, Economics, and Business, 2014)Current tying law uses a bifurcated rule of reason, condemning ties that have either tying market power or a substantial tied foreclosure share, absent an offsetting procompetitive justification. Many critics of tying law ... -
Resolving Reverse-Payment Settlements With The Smoking Gun Of Stock Price Movements
McGuire, Thomas G.; Drake, Keith; Elhauge, Einer Richard; Hartman, Raymond S.; Starr, Martha Louise (2015)The Supreme Court recently held that in reverse payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder’s anticipated litigation costs, absent ... -
Roberts's Real Long Game?
Elhauge, Einer Richard (Atlantic Monthly Co., 2012) -
Robust Exclusion Through Loyalty Discounts
Elhauge, Einer Richard; Wickelgren, Abraham L. (Harvard John M. Olin Center for Law, Economics, and Business, 2010)We consider loyalty discounts whereby the seller promises to give buyers who commit to buy from it a lower price than the seller gives to uncommitted buyers. We show that an incumbent seller can use loyalty discounts to ... -
Robust Exclusion Through Loyalty Discounts With Buyer Commitment
Elhauge, Einer Richard; Wickelgren, Abraham L. (John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2012)We show that loyalty discounts with buyer commitments create anticompetitive effects beyond those possible with pure exclusive dealing. The loyalty discount adds a seller commitment to maintain a distinction between the ...