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Persistent link: https://www.econbiz.de/10011376694
The controversy over railroad rates regulation represented a fundamental component of the jurisprudential trajectory that, culminating in Lochner v. New York, led to the era of so-called laissez faire constitutionalism. Constitutional protection of property required that regulation be such as to...
Persistent link: https://www.econbiz.de/10013023736
The paper deals with the famous Lochner v. New York (1905) decision from the perspective of the history of economic thought. In Lochner the Supreme Court affirmed freedom of contract as a substantive constitutional right. It is argued that, in writing for the majority, Justice Rufus W. Peckham...
Persistent link: https://www.econbiz.de/10012961640
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Economists regularly appear as expert witnesses in antitrust litigations. The paper analyzes how their models and methodologies have performed vis-à-vis the standards of relevance and reliability affirmed by the US Supreme Court in its 1993 Daubert decision. Some tentative explanations for the...
Persistent link: https://www.econbiz.de/10012945840
The paper analyzes the last three decades of debates on predatory pricing in US antitrust law, starting from the literature which followed Areeda & Turner 1975 and ending with the early years of the new century, after the Brooke decision. Special emphasis is given to the game-theoretic approach...
Persistent link: https://www.econbiz.de/10014191307