In this chapter, I reflect on the topic of ‘lay decision-making in the legal system' from the perspective of the economic analysis of law. Or, in other words, I look at the ways in which economic theory and insight can help resolve issues of legal decision-making by providing both a...

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

This paper extends the economic literature on settlement, and draws some practical insights on reverse settlements. The key contributions to the economic literature on settlements follow from the distinction drawn between standard settlements, in which the status quo is preserved, and injunctive...

Proponents of a new discipline of ‘comparative law and economics' emphasise the complementarity of ‘comparative law' and ‘law & economics'. I share this view, but highlight some of the problems that comparative law and economics encounters. My word of caution is that a good comparative law...

This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable to European law. After briefly reviewing the history of monopolization law in the U.S., I review various approaches to the legal standard for...

What is wrong with calls for search neutrality, especially those rooted in the notion of Internet search (or, more accurately, Google, the policy scolds’ bête noir of the day) as an “essential facility,” and necessitating government-mandated access? As others have noted, the basic concept...

This chapter in the book PIONEERS OF LAW AND ECONOMICS explores the contributions of Benjamin Klein to law and economics. I explore the intellectual foundations of Klein's pioneering analysis of the hold-up problem, the theory of the firm, vertical restraints, franchising, and the role of...

This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...

This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law and the substantive rules of the common law...