Articles
Publications
Articles by Decade


  • Argue, D.A. and John M. Gale
    Reexamining DOJ's Predation Analysis in United Regional Antitrust Health Care Chronicle, January 2012, Read Full Article.
  • Sun, S., J. He and A. Zhang
    The Role of IPRs in China’s Antitrust Merger Review International Antitrust Bulletin, March 2012.  Click here for full article.
  • Varner, T.R.
    “An Economic Perspective on Patent Licensing Structure and Provisions,”  Business Economics, Vol. 46 (4), October 2011.
  • Gurrea, S. D. and G. J. Hurdle
    "The Economics of Google's Acquisition of ITA Software" Icarus, Spring 2011.  Read Full Article.
  • Argue, D.A. and J.M. Gale
    "Antitrust Markets and ACOs" CPI Antitrust Chronicle, May 2011 (1) Read Full Article.
  • Argue, D.A., J.M. Gale, and K.W. Mikkelsen
    "What Was Left Unsaid in Omnicare About Harm to Competition" Antitrust Health Care Chronicle, Vol. 24/No. 3 Read Full Article.
  • McFarland, H.B.
    "The Role of Conduct Remedies In Addressing Merger Competitive Effects" The Threshold, a publication of the ABA Antitrust Section, Mergers and Acquisition Committee.  The article can be found here..
  • Greulich, E.E.
    “Retail Markets: Gasoline Station Markets,” Market Definition, ABA Antitrust Section (forthcoming).
  • Walker, J.L. and E.E. Greulich
    "DTB and the Use of Regression Analysis to Assess Market Definition and Competitive Effects," Antitrust Law Section of the American Bar Association, Economics Committee Newsletter, Spring 2011.
  • Walker, J.L.
    "Preparing for Trial: Expert Economic Testimony," Antitrust Section of the American Bar Association 59th Spring Meeting, Continuing Legal Education Written Materials, March 2011.
  • Varner, T.R.
    “Technology Royalty Rates in SEC Filings,” les Nouvelles, Journal of the Licensing Executives Society International, Vol. XLV, No. 3, pp. 120-127, September 2010.
  • Greulich, E. E. and J. L. Walker
    "The Single-Entity Issue in American Needle and DTB" Westlaw Journal Antitrust, Volume 18, Issue 1.  See Full Article.
  • Co-authored by David A. Argue
    EI Principal David A. Argue was co-author and editor of “Evaluating Federal and State Antitrust Reviews of Health Insurance Mergers,” a study of government reviews of twelve health plan mergers between 1995-2010.  The study examined publicly available information to determine whether DOJ and FTC had followed the Merger Guidelines in their reviews, and concluded that the agencies had done so.  It also considered antitrust and other reviews conducted by state agencies. The full study is available at  https://webportal.healthlawyers.org/Purchase/ProductDetail.aspx?Product_code=35d9400a-e3aa-df11-875e-001b78e0f982.
  • McFarland, H.B. and R.D. Stoner
    "DOJ’s Changing Section 2 Enforcement Policy and High-Technology Industries," This article discusses possible changes in the Antitrust Division’s enforcement policy concerning single-firm conduct. Topics considered include refusals to deal, exclusive dealing, and the implications of antitrust policy for intellectual property holders and standard setting organizations. Icarus, Fall 2010. See Full PDF of article.
  • McFarland, H.B.
    "The European Commission Study on Quantifying Damages and Indirect Purchasers," This article discusses a number of issues that arise when quantifying antitrust damages incurred by indirect purchasers.  International Antitrust Bulletin, 2010 – Volume 2.  Full PDF of Article.
  • McFarland, H.B.
    "The Use of Economic Evidence to Show Common Impact from Collusion - Lessons from Plastics Additives" This article discusses how a recent court decision on class certification dealt with evidence concerning defendants' pricing behavior, market characteristics, price structure, and an econometric analysis of price changes.  ABA Antitrust Section Joint Conduct Committee E-Bulletin, Vol. 8, No. 1 Download a PDF of article.
  • Fowdur, L.
    "The Intel-AMD Antitrust Suits:  Economic Issues and Implications" ICARUS Newsletter, Winter 2010.
  • Holt, A.M. and L.A. Malowane
    "Resale Price Maintenance and the Rule of Reason" ABA Section of Antitrust Law, Economics Committee Newsletter, Volume 10, Number 1, Summer 2010.
  • Miu, C.K.
    “Economics and Consumer Protection Law,” 58th Annual ABA Antitrust Spring Meeting, 2010.
  • Chung, W., J.D. Kinsey, J.M. Seltzer, and C.A. Yeap
    “2007 Supermarket Panel Annual Report,” The Food Industry Center, University of Minnesota, Dec 2010.
  • Yeap, C.A.
    “Capacity Use in Multi-Unit Firms: Evidence for Efficiency Gains or Strategic Competition in the U.S. Restaurant Industry,” Applied Economics, July 2010.
  • Stockum, S.
    “Revenue Sharing Agreements: Do They Restrict Competition? Comment,” ABA Economics Committee Newsletter, Summer 2010.
  • Sun, S.
    "Price Agreements and the Per Se Rule in Antitrust," (in Chinese), Comparative Studies, Volume 40, 2009.
  • Sun, S.
    "China's Antitrust in the Financial Crisis," (in Chinese), Caijing.com.cn, February 18, 2009.
  • Miu, C.K.
    "Sampling Methodology in Merger Analysis: the Whole Foods Survey," American Bar Association Economics Committee Newsletter, Vol. 9, No. 1, Spring 2009.
  • Mosteller, G.R.
    Appendix to Implications of Energy Capital for Discounting Lost Profits. This appendix contains some illustrative calculations that discount a stream of lost profits and also shows the court’s calculation of the amended final judgment from Energy Capital. Full Appendix .
  • Argue, D.A.
    Looking for Anticompetitive Price Effects: FTC’s Retrospective Studies of Hospital Mergers. Read Full Paper .
  • Holt, A.I.
    In the Fall 2009 edition of the ABA Economics Committee Newsletter, Allison Holt discusses important lessons for the class certification stage learned from the In re Hydrogen Peroxide Antitrust Litigation matter. The article discusses the need for both plaintiffs and defendants to be prepared to present more sophisticated economic analyses that address factual disputes during the class certification phase. In addition, the need to support this new standard with complete and usable data, the types of data needed and possible uses for it are discussed .
  • Argue, D.A. and R.T. Shin
    In the Fall 2009 edition of the ABA Antitrust Magazine article Innovative Approach to an Old Problem: Hospital Merger Simulation. David A. Argue and Richard T. Shin describe a new approach to merger simulation in the hospital industry that has been developed by the staff of the FTC. The model differs significantly from traditional merger simulation models and takes advantage of distinctive characteristics of hospital services markets. Although not as yet fully vetted in public, the model holds promise as an innovative approach to an old problem. Read the full article .
  • Gurrea, S.D.
    “The Determinants of Broadband Adoption: The Chinese and Indian Experience,” Icarus, The Newsletter of the Communications & Digital Technology Industries Committee, ABA Section of Antitrust Law, Fall 2009.
  • Sun, S.
    "Bundled Discounts: Competition or Monopolization?" (in Chinese), Comparative Studies, Volume 38, 2008.
  • Sun, S., B.M. Owen and W. Zheng
    "China's Competition Policy Reforms: The Antimonopoly Law and Beyond," Antitrust Law Journal, Vol. 75, Issue 1, 2008.
  • Sun, S.
    "Intersection of Antitrust and IP Rights: Legal and Economic Issues in the Microsoft Case," (in Chinese), the Junhe magazine, special issue on China's Antimonopoly Law, 2008.
  • Sun, S.
    "The Vitamin C Antitrust Litigation Resurfaces," (in Chinese), Caijing.com.cn, November 20, 2008.
  • Sun, S. and S. D. Gurrea
    "China's New Antimonopoly Law and India's Amended Competition Act: How New Antitrust Regimes in These Important Emerging Markets May Impact High Tech Companies," Icarus, The Computer and Internet Committee Newsletter, ABA Section of Antitrust Law, November 2008.
  • Sun, S.
    "Will the Coke-Huiyuan Deal Pass China's Antitrust Review?" (in Chinese), Chinese Venture, October 2008.
  • Sun, S.
    "Leegin and the Treatment of Resale Price Maintenance in China's Antimonopoly Law," International Antitrust Bulletin, Fall 2008.
  • Gurrea, S. D.
    "Price Squeezes - Are They Detrimental to Consumer Welfare?" American Bar Association, Section of Antitrust Law, Communications Industry Committee Newsletter, Fall 2008.
  • Owen, B.M., S. Sun and W. Zheng
    "China's Competition Policy Reforms: The Antimonopoly Law and Beyond," Antitrust Law Journal, Vol. 75, Issue 1. 2008.
  • Harris, B.C., A. Ivory, and S.D. Gurrea
    'Imperfect Information, Entry and the Merger Guidelines,' Issues in Competition Law and Policy, American Bar Association, Section of Antitrust Law, American Bar Association, Volume 2, pp. 1589-1611, 2008.
  • Yeap, C.A.
    “Price Markups in Oligopoly Models with Differentiated Products,” Economics Bulletin, May 2008.
  • Sun, S.
    "Franchise Bidding in City Public Utilities Projects: An Economic Analysis," (in Chinese), the Junhe magazine (professional edition), No. 1, 2007.
  • Malowane, L.A., P.B. Nelson, and R. Kneuper
    "Geographic Market Definition In Markets with Imports: Evolution of Antitrust Agency Analysis," The Threshold. The Newsletter of the Mergers & Acquisitions Committee, ABA Section of Antitrust Law,Vol. VII, No. 2, Spring 2007.
  • Argue, D.A
    "An Economic Model of Competition Between General Hospitals and Physician-owned Specialty Hospitals," The Antitrust Bulletin, Vol. 52, Fall-Winter 2007 (also printed in Antitrust Health Care Chronicle, July 2006).
  • Argue, D.A.
    "Predatory Bundling and Recoupment in the Ninth Circuit's PeaceHealth Decision," Antitrust Health Care Chronicle, 2007.
  • Sun, S.
    "Inferring Dominance in China's Draft Antimonopoly Law: Implications to Market Concentration," International Antitrust Bulletin, Spring 2007.
  • Smith, D.D.
    “Commentary: In a Post-McCarran World, the DOJ/FTC Competitor Collaboration Guidelines May Take on a Vital New Role for Analyzing Antitrust Issues in the Insurance Industry,” The Insurance Policy, Winter 2007.
  • Nelson, P.B.
    "Patent Pools: An Economic Assessment of Current Law and Policy," Rutgers Law Journal.
  • Stoner, R.D.
    “Evaluation of 2007 FTC/DOJ IP Conference Report in Light of 1995 IP Guidelines,” Antitrust and Intellectual Property Newsletter, Intellectual Property Committee of the Antitrust Section of ABA, pp. 24-33, Fall 2007.
  • McFarland, H.B.
    "Switched Packets: Recent Papers in the Economics of Communications," Recurring column in The Party Line, various issues, 2006.
  • Baumann, M.G.
    "A New Look at Critical Elasticity," The Antitrust Bulletin, Vol.51, No. 2, Summer 2006.
  • Sun, S.
    "China's Antitrust Review of Foreign Acquisition of Domestic Companies: An Economic Analysis," (in Chinese), Junhe Magazine, No. 2, 2006.
  • Stoner, R.D.
    "Reasonable and Non-Discriminatory (RAND) Royalty Rates," Antitrust and Intellectual Property, Vol. VI, No. 2, pp. 15-32, Fall 2006.
  • Harris B.C. and D.A. Argue
    "FTC v. Evanston Northwestern: A Change from Traditional Hospital Merger Analysis?" Antitrust, Spring 2006.
  • Rust, R.T. and C.K. Miu
    “What Academic Research Tells Us About Service,” Communications of the ACM, 49(7) 49-54, July 2006.
  • Miu, C.K. and J. Wagner
    “The Effects of Word-of-Mouth and Opinion Leadership on Consumers’ Regret and Behavioral Intentions in a Service Environment,” Frontiers in Service, 2006.
  • Yeap, C.A.
    “Residual Claims and Incentives in Restaurant Chains,” U.S. Census Bureau, Center for Economic Studies Discussion Paper, CES-WP-06-18, July 2006.
  • Nelson, P.B., H.B. McFarland, and D.D. Smith
    "Use of Econometrics In Class Certification," American Bar Association's Econometrics: Legal, Practical, and Technical Issues, 2005.
  • Owen, B.M., Sun, S. and Wentong, Z.
    "Antitrust in China: The Problem of Incentive Compatibility," Journal of Competition Law and Economics, Winter 2005.
  • Morris, J.R.
    "FERC MBR Screens: The Good, the Bad, and the Ugly," Public Utilities Fortnightly, 143(7): 37-42, July 2005.
  • Gurrea, S. D. and M.A. Macatangay
    "The Economic Effects of the Filed Rate Doctrine on Wholesale Electricity Markets," The Energy Antitrust News, Spring 2005.
  • Harris, B.C. and J.J. Simons
    Focusing Market Definition:  How Much Substitution is Necessary? Antitrust and Competition Policy, 2005 Reprint.
  • Stoner, R.D.
    "Proposed Reforms to the U.S. Patent Regime to Combat Patents that Stifle Innovation," Antitrust and Intellectual Property, Fall 2004, Vol. V, No. 2, pp. 32-41.
  • Stoner, R.D.
    "Proposed Reforms to the U.S. Patent Regime to Combat Patents that Stifle Competition," Antitrust and Intellectual Property Newsletter of the Intellectual Property Committee of the Antitrust Section of ABA, Fall 2004: 32-41.
  • Owen, B.M.
    "Assigning Broadband Rights," Regulation, Summer 2004.
  • Hurdle, G.J., P.B. Nelson and T. Su

    “The Implications of Robert L. Steiner’s Work for Merger Analysis,” The Implications of Robert L. Steiner’s Work for Merger Analysis,” Dr. Steiner’s work in dual-stage markets in which a retailer resells a manufacturer’s product to final customers are discussed. We conclude that (1) merger analysis by DOJ and the FTC do account for the vertical relationships that Steiner discusses, (2) while Steiner believes downstream price effects are essential in merger analysis, we find that evidence in several cases and speeches by FTC and DOJ officials that downstream price effects may not be needed for the agencies to conclude that a merger between two manufacturers is anticompetitive, (3) merger analysis of two manufacturers of consumer  goods should use manufacturing-level pricing data, rather than retail prices, (4) in concurrence with Steiner, both the merger guidelines and the Courts have recognized the importance of monopsony power, and (5) Steiner’s concern that the agencies’ efficiency analysis may be too restrictive by only considering those at the manufacturing level, mergers where Steiner’s broader recommendation applies may be very rare. The Antitrust Bulletin, Winter 2004.

  • Greulich, E.E. and co-authors
    "The Anatomy of Rent Burdens: Immigration, Growth, and Rental Housing," Brookings-Wharton Papers on Urban Affairs, (5)1, 2004: 149-187.
  • Siwek, S.E.
    "The Measurement of 'Copyright' Industries: The US Experience," Review of Economic Research on Copyright Issues, Vol. 1, Number 1, June 2004.
  • Nelson, P.B. and co-authors
    "Economists' Analysis: The European Union's New Horizontal Merger Guidelines," Antitrust 2003.
  • Nelson, P.B. and co-authors
    "Economists' Roundtable," Antitrust 2003.
  • Harris, B.C. and C. Valjanovski
    "Critical Loss Analysis: It's Growing Use in Competition Law," European Competition Law Review, 2003.
  • Owen, B.M. and S.D. Gurrea
    "Coordinated Interaction and Clayton Enforcement," Vol. 12, Number 1, George Mason Law Review (2003): pp. 89-118.
  • McFarland, H.B. and G.J. Hurdle
    "Criteria for Identifying Market Power: A Comment on Baumol and Swanson." Determining the presence or absence of market power requires considering many different types of evidence in the context of the market in which they are found. Neither price discrimination nor high profits alone will infallibly indicate the existence of market power. Nonetheless, they are important information and deserve full consideration. Antitrust Law Journal, 2003.
  • Owen, B.M.
    "Regulatory Reform: The Telecommunications Act of 1996 and the FCC Media Ownership Rules," 2003 Michigan State-DCL Law Review 671, 2003.
  • Nelson, P. B. and S. Sun
    "Consumer Savings from Merger Enforcement: A Review of the Antitrust Agencies' Estimates," Antitrust Law Journal, 2002.
  • Stockum, S.
    "An Economist's Margin Notes: The Antitrust Writings of Timothy Muris," Antitrust Magazine, Spring, 2002.
  • Gurrea, S.D. and T. Su
    "The Intersection of Antitrust and Intellectual Property Law," Economists Ink, Spring/Summer 2001.
  • Smith, D. D. and S. Sun
    "Introducing Competition Policy into Developing Economies: A Summary of Lessons Learned," Perspectives, Vol. 2, No. 4, February 2001.
  • Sun, S.
    "California Electricity Crisis and its Implications to China's Reform in the Electric Power Industry," with Minsong Liang, Perspectives (Chinese Edition), Vol. 1, No. 1, March 2001.
  • Sun, S.
    "Consumer Surplus and the Effect of Competition Policy," Perspectives (Chinese Edition), Vol. 1, No. 2, May 2001.
  • Nelson, P. B.
    "Consumer Savings from Merger Enforcement: A Review of the Antitrust Agencies' Estimates," Antitrust 2001.
  • Harris, B.C. and D. D. Smith
    "The Merger Guidelines v. Economics: A Survey of Economic Studies," Antitrust Report, September 1999. Reprinted in Perspectives on Fundamental Antitrust Theory, Section of Antitrust Law, American Bar Association, July 2001. Reprinted in Ky P. Ewing, Competition Rules for the 21st Century, 1st edition (2003) and revised edition (2006).
  • Guerin-Calvert, M., S. M. Mirrow and S. Sun
    "Review of Selected Economic Literature on Merger Analysis," Perspectives on the Concepts of Time, Change, and Materiality in Antitrust Enforcement, Section of Antitrust Law, American Bar Association, July 2001.
  • Davis, J.L.
    "Levitt Couldn't Stop Himself," Traders Magazine (March 2001).
  • Davis, J.L.
    "The SEC Big Brother," Traders Magazine (July 2001).
  • Sun, S.
    "Antitrust Analysis and the Enforcement in the United States," Perspectives, Vol. 2, No. 3, December 2000.
  • Morris, J. R.
    "Finding Market Power in Electric Power Markets," International Journal of the Economics of Business, (July 2000): 167-178.
  • Stockum, S. and A. Kleit
    "Uncommitted Entry and Repositioning Under the Merger Guidelines: Fringe Competitors in Your Industry Are Closer Than They Appear," Clayton Act Committee Newsletter, American Bar Association, Summer, 2000.
  • Dudley, S. E. and K. W. Mikkelsen
    "EPA's Proposed Expansion of Noncompliance Benefit Estimates," Environmental Claims Journal, Vol. 12, number 2, Winter 2000: 5-21.