Description
Book SynopsisThis volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission (“FTC”). Four of the articles were initially presented at a conference on healthcare competition in Washington, D.C., which was sponsored by the American Antitrust Institute, this journal, and Navigant Economics. These articles explore practices that are under challenge in pharmaceuticals, where the Federal Trade Commission has been extremely active, as well as issues involving hospital and health insurance mergers. They are followed by a long and detailed discussion of the current and historic role of economists and economic analysis at the Federal Trade Commission. The next two articles analyze different aspects of the French economy, pre-trial labor settlements and the impact of e-commerce on franchisees. The volume ends with three technical economics articles – one on “upward pricing pressure”, one on estimating price increases in cartel cases, and one critiquing a “meta-analysis” of research on the effectiveness of U.S. merger regulation. Taken together, these articles raise questions about appropriate competition policy, how to evaluate settlements and other firm behavior, and where economics and competition policy are headed.
Trade ReviewContributed by researchers working in business and economics in Europe and the US, the 10 essays in this volume explore legal and economic developments in health care, intellectual property and labor settlements, competitive effects, cartel overcharges, and the US Federal Trade Commission, analyzing questions about appropriate competition policy, how to evaluate settlements and other firm behaviors, and the future of economics and competition policy. They address practices that are being challenged in pharmaceuticals and issues involving hospital and health insurance mergers, including how the Federal Trade Commission's actions have impacted the evolution of health care competition, the US Supreme Court's decision in Federal Trade Commission v. Ataxis, and product hopping cases; the current and historical role of economists and economic analysis at the Federal Trade Commission; labor disputes and pretrial settlements in the French economy; the impact of e-commerce on franchisees; and economics aspects, including "upward pricing pressure," estimating price increases in cartel cases, and research on the effectiveness of US merger regulation. -- Annotation ©2018 * (protoview.com) *
Table of ContentsIntroductionChapter 1. “TO KNOW WHERE YOU’RE GOING, LOOK AT WHERE YOU’VE BEEN”; Deborah L. Feinstein Chapter 2. ACTAVIS, AUTHORIZED GENERICS, AND THE FUTURE OF ANTITRUST LAW; Marc G. Schildkraut Chapter 3. SOLVING THE PRODUCT HOPPING CONUNDRUM THROUGH SAFE HARBORS AND A NO-ECONOMIC-SENSE TEST; Michael A. Carrier and Steve D. Shadowen Chapter 4. A MARKET ALL ITS OWN: MEDICARE ADVANTAGE AS A SEPARATE PRODUCT MARKET IN THE DOJ’S CASE AGAINST THE AETNA-HUMANA MERGER; Douglas Ross and David Maas Chapter 5. A HISTORY OF THE FTC’S BUREAU OF ECONOMICS; Paul A. Pautler Chapter 6. LABOR DISPUTES AND PRETRIAL SETTLEMENTS: THE FRENCH CASE; Jean-Christian Tisserand Chapter 7. FRANCHISEES FACING ONLINE SALES IN A EUROPEAN LEGAL CONTEXT; Guy Basset, Rozenn Perrigot, and Gerard Cliquet Chapter 8. MANDATORY UPSTREAM INPUTS AND UPWARD PRICING PRESSURE: IMPLICATIONS FOR COMPETITION POLICY; Timothy J. Tardiff and Dennis L. Weisman Chapter 9. WHEN IS THE “KENNEDY CORRECTION” APPROPRIATE IN ESTIMATING OVERCHARGES?; Wenqing Li and James F. Nieberding Chapter 10. KWOKA’S MERGERS, MERGER CONTROL, AND REMEDIES: REJOINDER TO KWOKA; Michael Vita
