We thank Curt Bradley, Simon Jacobs, Aneil Kovvali, Filippo Lancieri, Christina Patterson, Randy Picker, Ellie Prager, Steve Salop, Amit Zac, and audiences at the University of Chicago Law School faculty workshop, the Law Review Symposium, and ETH Zurich, for helpful comments, and Sima Biondi, Jonathan Concepción, Millie Cripe, and Charles Tammons for superb research assistance. Eric Posner took a position at the Antitrust Division in the Department of Justice after this paper was substantially completed; the views expressed in this paper do not necessarily reflect those of the Department of Justice.
Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way.
I thank Daniel Abebe, Anu Bradford, Adam Cox, and Jake Gersen for their helpful contributions to this essay.
The task of describing (or even hinting at) Eric Posner’s immense scholarly contributions in just a few thousand words is a daunting one.
I thank Saul Levmore for helpful comments; Ashley Kang and Savannah West for excellent research assistance; and the David and Celia Hilliard Fund and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law & Economics for support.
At first glance, patent law might seem the least likely place to look for Judge Richard Posner’s impact on the law.
Thanks to David Driesen, Jerry Ellig, Jake Gersen, Daniel Hemel, Jennifer Nou, Cathy Sharkey, David Strauss, Cass Sunstein, Kip Viscusi, and participants at workshops at The University of Chicago Law School and Syracuse Law School for helpful comments, to the Russell Baker Scholars Fund, the David and Celia Hilliard Fund, and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics for research support, and to Mei Ying Barnes, Hanan Cidor, Kathrine Gutierrez, Christina McClintock, Isabella Nascimento, Holly Newell, and Michael Wheat for excellent research assistance.
CBA is a decision procedure whose normative basis is what Professor Matthew Adler and one of us has called weak welfarism. Welfarism is the principle that the well-being of people is morally important.
I thank Frank Easterbrook, Tom Gorman, Bernard Harcourt, Carissa Hessick, Richard McAdams, and David Sklansky for helpful comments.
We thank Stephanos Bibas, Frederic Bloom, Josh Bowers, Sharon Dolovitch, Brandon Garrett, Bernard Harcourt, Dan Kahan, Adam Kolber, Brian Leiter, Richard McAdams, Eric Posner, Adam Samaha, Stephanie Stern, Lior Strahilevitz, David Strauss, and Jeannie Suk for helpful comments, and Kathleen Rubenstein for excellent research assistance.
Thanks to Emily Buss, Dan Cole, Adam Cox, David Driesen, Frank Easterbrook, Jake Gersen, Martha Nussbaum, Arden Rowell, Adam Samaha, Tom Ulen, Adrian Vermeule, Sasha Volokh, David Weisbach, and participants at a workshop at The University of Chicago Law School for helpful comments, and to Charles Woodworth for excellent research assistance.
I thank Richard Epstein, Mark Lemley, Saul Levmore, Doug Lichtman, and participants at the Licensing of Intellectual Property Symposium at The University of Chicago Law School for helpful comments. I also thank Joe Bingham for excellent research assistance.
