This article reviews every litigated federal merger case since 1992, when the federal enforcement agencies revised the entry section of their merger guidelines. This review, unprecedented in the literature, shows that courts continue to neglect the entry phase of merger analysis, the phase that...

This article addresses the question of what economic efficiency is and why a proper understanding of it affects the economic efficiency claim that is made for common law. This understanding shows that a good deal of the criticism of the efficiency claim in fact are consistent with it. Justice...

In mainstream antitrust law the nature of economic efficiency has not been investigated in great depth. Such an investigation has important implications for antitrust law and economics. Among these are the following: (1) Behavioral economics shows that consumer surplus measures of losses...

Section 2 of the Sherman Act was designed to impose sanctions on all monopolies and attempts to monopolize regardless whether the firm had engaged in anticompetitive conduct. This conclusion emerges from the first ever textualist analysis, a form of statutory interpretation vigorously championed...

This paper proposes to provide a fully realized legal foundation for cost-benefit analysis (CBA). I refer to an approach based on such a foundation as benefit-cost analysis (BCA), a subcategory of mainstream CBA. This approach rests on legal rights and also amends the failure of CBA to include...

Although Ronald Coase is popularly associated with the Chicago School, his approach belongs to the late nineteenth and early twentieth century British tradition. In this essay, we address whether the Coasean or traditional British methodology can offer improvements to current methods. Current...

Earlier accounts of the creation of property rights in the California gold fields ignored culture and are incomplete. We argue that culture matters in solving collective-action problems. Such problems in the California gold fields were solved through reliance on cultural focal points. Focal...

Sagoff believes that welfare has meaning beyond its relation to preference, i.e., that there is a “substantive and independently defined conception of welfare” that is measured by KH but not by KHM. In contrast, we find that the foundation of both KH and KHM is not welfare, which is not...

Benefit-cost analysis (BCA) is commonly viewed as either a mechanical tool for making decisions or as a failed technique of decision-making that avoids moral, interactive, and ethical components. It is properly neither. Benefit-cost analysis is an art form that can produce useful information...

Two comments in this issue of the Journal address our recent article in Volume 2, Issue 2. The fundamental issue with both comments is that they confuse the financial rate of return with the opportunity cost rate of return and therefore advocate for an inappropriate basis on which to calculate...