The Contributions of Richard T. Ely to Economic Thought
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Twelve Fallacies of the “Neo-Antitrust” Movement
TWELVE FALLACIES OF THE “NEO-ANTITRUST” MOVEMENT Seth B. Sacher John M. Yun Antonin Scalia Law School, George Mason University George Mason University Law & Economics Research Paper Series 19-12 This paper is available on the Social Science Research Network at ssrn.com/abstract=3369013 TWELVE FALLACIES OF THE “NEO-ANTITRUST” MOVEMENT Seth B. Sachera and John M. Yunb Antonin Scalia Law School George Mason University May 1, 2019 Abstract Antitrust enforcement is back in the spotlight with advocates from both the political left and the populist political right demanding fundamental competition policy changes. While there are differences among those calling for such changes, several common beliefs generally unite them. This includes a contention that the writings and interpretations of Robert Bork and the Chicago School of economics have led antitrust astray in a manner fundamentally inconsistent with the original intent of the Sherman Act. Further, they are united by a belief that recent empirical, economic studies indicate the economy is becoming overly concentrated, that market power has been increasing dramatically, that performance in many, if not most, markets has been deficient, and that too much profit is going to too few firms. In this article, we identify and detail twelve fallacies of what we call the “neo-antitrust movement” and their associated claims. At the heart of these fallacies is a fundamental misunderstanding of economics and the consumer welfare standard that has been at the heart of competition policy since at least the 1960s. Additionally, there is a heavy reliance on studies that, upon closer scrutiny, do not support the positions of those who cite them. -
1 Introduction
1 Introduction The Australian Energy Market Agreement (AEMA) establishes a process for the Australian Energy Market Commission (AEMC or ‘the Commission’) to assess and provide advice to the Ministerial Council on Energy (MCE) on competition in the retail electricity and natural gas markets of jurisdictions for the purpose of phasing out retail price regulation where effective retail competition is demonstrated (clause 14.11).1 1.1 Revisions to Statement of Approach In response to a request for advice by the MCE, this Statement of Approach sets out the proposed methodology and consultation approach the AEMC will adopt in conducting the retail competition reviews. The AEMC has previously prepared and published versions of the Statement of Approach which have been applied to the retail competition reviews undertaken in Victoria in 2007, South Australia in 2008 and the Australian Capital Territory in 2010. Over time, the MCE, in consultation with the AEMC, has periodically approved revisions and updates to the Statement of Approach to reflect developments and reforms in energy markets and revised timings of the AEMC’s remaining jurisdictional reviews. This latest MCE approved version of the Statement of Approach has been prepared for application to the New South Wales retail competition review in 2012-13. 1.2 Scope The scope of the competition reviews is set out in clauses 14.11(a) and (c) of the AEMA (see Appendix A). According to the AEMA, the aim of the competition reviews is to assess the effectiveness of competition in the electricity and gas retail markets for the purpose of the retention, removal or reintroduction of retail energy price controls. -
Comparative Market Structures in Developing Countries
380. 141 LI7" M671 No. 75 i"J- _ , Comparative Market Structures In Developing Countries by Marvin Miracle The University of Wisconsin LAND TENURE CENTER Madison, Wisconsin 53706 Comparative Market Structures in Developing Countries. 380.14i Wisconsir Uniro Lard Tenure Center. NTIS M671 Comparative Market Structures in Devel j)b oping'hp. Cou;triesoMarvh-7 P. Miracle. 19'0° I-,r /0L6 Bibliographic footnotes. C LTC Repriit -,o, 75. i. Markets. 2. Capital markets. 3. Marketing - Agricultural commodities, I. Miracle, Marvin P. IT. Title. Reprinted from Nebraska Journal of Economics and Business, Vol. 9, No. 4, Autumn 1970. Copyright by the University of Nebraska, 1970 COMPARATIVE MARKET STRUCTURES IN DEVELOPING COUNTRIES* Marvin Miracle Associate Professor,Departmentof AgriculturalEconomics and Chairman,African Studies Program Universityof Wisconsin Market structures in developing countries arc of interest for a number of reasons. Apart from the possibility that market structure may have an important impact on the rate of economic growth-a possibility that will not be explored here-market structure is of interest because it clearly affects the distribution of income, a subject that is increasingly of interest among those working on the problems of developing countries. It is also of interest because economic theory has its widest applications when per fect competition can be assumed. In fact, in absence of evidence to the contrary, something close to perfect competition is nearly always assumed by planners in developing countries. The literature on market structures in developing countries-which are here defined to exclude Communist-bloc countries-is relatively thin, un usually widely scattered, and so far has resulted in few insights as to the impact of market structure on the pace and character of economic devel opment. -
Handicapping Economics’ ‘Baby Nobel,’ the Clark Medal - Real Time E
Handicapping Economics’ ‘Baby Nobel,’ the Clark Medal - Real Time E... http://blogs.wsj.com/economics/2010/04/22/handicapping-economics-ba... More News, Quotes, Companies, Videos SEARCH Thursday, April 22, 2010 As of 4:16 PM EDT BLOGS U.S. Edition Today's Paper Video Blogs Journal Community Log In Home World U.S. Business Markets Tech Personal Finance Life & Style Opinion Careers Real Estate Small Business WSJ BLOGS Reserve Bank of India’s ‘Nirvana’ Rate Economic insight and analysis from The Wall Street Journal. APRIL 22, 2010, 4:04 PM ET Handicapping Economics’ ‘Baby Nobel,’ the Clark Medal Article Comments (1) REAL TIME ECONOMICS HOME PAGE » 1 of 3 4/22/2010 4:20 PM Handicapping Economics’ ‘Baby Nobel,’ the Clark Medal - Real Time E... http://blogs.wsj.com/economics/2010/04/22/handicapping-economics-ba... Email Printer Friendly Permalink Share: facebook Text Size By Justin Lahart Friday, the American Economic Association will present the John Bates Clark medal, awarded to the nation’s most promising economist under the age of 40. The Clark is known as the “Baby Nobel,” and with good reason. Of the 30 economists who have won it, 12 have gone on to win the Nobel, including Paul Samuelson and Milton Friedman. The award was given biennially until last year, when the AEA decided to give it annually. Massachusetts Institute of Technology economist Esther Duflo, 37, is considered a frontrunner. The head of MIT’s Jameel Poverty Action Lab with Abhijit Banerjee, she’s been at the forefront of using randomized experiments to analyze development American Economic Association Most Popular programs. -
Effective Competition and Corporate Disclosure A
EFFECTIVE COMPETITION AND CORPORATE DISCLOSURE A CRITICAL STUDY by RAZAHUSSEIN M, DEVJI B. Sc. (Econ)», University of London, 1961 Barrister-at-Law, Honourable Society of Middle Temple, London, 1962 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF BUSINESS ADMINISTRATION In the Faculty of Graduate Studies We accept this thesis as conforming to the required staricTardT THE UNIVERSITY OF BRITISH COLUMBIA September, 1968 In presenting this thesis in partial ful• filment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study* I further agree that permission for ex• tensive copying of this thesis for scholarly purposes may be granted by the Head of my Department or by his representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Faculty of Commerce and Business Administration, The University of British Columbia, Vancouver 8, B. C. Canada. ABSTRACT Economic activity in the United States and Canada is predominantly performed by corporations. They are by far the largest private employers of workers, the biggest investors and the predominant instrument of production. They are rapidly growing in size, are generating sufficient funds internally to carry out most of their expansion programs, and are diversifying into unrelated activities. Their affairs are increasingly managed by professional executives who have little, if any, stake In the risk capital. The shareholders, who are legally pre• sumed to exercise control over the powers and actions of corporate executives, are normally too numerous and scattered so as not to be in a position to have a significant influence on the policies of the corporations. -
CHOICE – a NEW STANDARD for COMPETITION LAW ANALYSIS? a Choice — a New Standard for Competition Law Analysis?
GO TO TABLE OF CONTENTS GO TO TABLE OF CONTENTS CHOICE – A NEW STANDARD FOR COMPETITION LAW ANALYSIS? a Choice — A New Standard for Competition Law Analysis? Editors Paul Nihoul Nicolas Charbit Elisa Ramundo Associate Editor Duy D. Pham © Concurrences Review, 2016 GO TO TABLE OF CONTENTS All rights reserved. No photocopying: copyright licenses do not apply. The information provided in this publication is general and may not apply in a specifc situation. Legal advice should always be sought before taking any legal action based on the information provided. The publisher accepts no responsibility for any acts or omissions contained herein. Enquiries concerning reproduction should be sent to the Institute of Competition Law, at the address below. Copyright © 2016 by Institute of Competition Law 60 Broad Street, Suite 3502, NY 10004 www.concurrences.com [email protected] Printed in the United States of America First Printing, 2016 Publisher’s Cataloging-in-Publication (Provided by Quality Books, Inc.) Choice—a new standard for competition law analysis? Editors, Paul Nihoul, Nicolas Charbit, Elisa Ramundo. pages cm LCCN 2016939447 ISBN 978-1-939007-51-3 ISBN 978-1-939007-54-4 ISBN 978-1-939007-55-1 1. Antitrust law. 2. Antitrust law—Europe. 3. Antitrust law—United States. 4. European Union. 5. Consumer behavior. 6. Consumers—Attitudes. 7. Consumption (Economics) I. Nihoul, Paul, editor. II. Charbit, Nicolas, editor. III. Ramundo, Elisa, editor. K3850.C485 2016 343.07’21 QBI16-600070 Cover and book design: Yves Buliard, www.yvesbuliard.fr Layout implementation: Darlene Swanson, www.van-garde.com GO TO TABLE OF CONTENTS ii CHOICE – A NEW STANDARD FOR COMPETITION LAW ANALYSIS? Editors’ Note PAUL NIHOUL NICOLAS CHARBIT ELISA RAMUNDO In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice: Paul Nihoul discusses how freedom of choice has emerged as a crucial concept in the application of EU competition law; Neil W. -
Richard T. Ely and Woodrow Wilson at “The Hopkins”
SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 The Shaping of a Future President’s Economic Thought Richard T. Ely and Woodrow Wilson at “The Hopkins” F CLIFFORD F. THIES AND GARY M. PECQUET homas Woodrow Wilson (1856–1924) was the first and is still the only president oftheUnitedStatestoholdanearneddoctoraldegree.HisPh.D.wasawarded T by the Johns Hopkins University (“The Hopkins”) in 1886. He was also the president of an institution of higher education and, unique among U.S. -
Haiti: Toward a New Narrative
TRADE AND COMPETITIVENESS GLOBAL PRACTICE Public Disclosure Authorized Public Disclosure Authorized Systematic Country Diagnostic BACKGROUND PAPER Public Disclosure Authorized Haiti: Toward a New Narrative Haiti—Let’s Talk Competition A Brief Review of Market Conditions Georgiana Pop Public Disclosure Authorized Trade and Competitiveness Global Practice Haiti—Let’s Talk Competition A Brief Review of Market Conditions Georgiana Pop © 2016 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 19 18 17 16 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. Rights and Permissions This work is available under the Creative Commons Attribution 3.0 IGO license (CC BY 3.0 IGO) http://creativecommons.org/licenses/by/3.0/igo. Under the Creative Commons Attribution license, you are free to copy, distribute, transmit, and adapt this work, including for commercial purposes, under the following conditions: Attribution—Please cite the work as follows: Pop, Georgiana. -
External Influence As an Indicator of Scholarly Importance
This may be the author’s version of a work that was submitted/accepted for publication in the following source: Chan, Ho Fai, Frey, Bruno, Gallus, Jana, Schaffner, Markus, Torgler, Benno,& Whyte, Stephen (2016) External influence as an indicator of scholarly importance. CESifo Economic Studies, 62(1), pp. 170-195. This file was downloaded from: https://eprints.qut.edu.au/84714/ c Consult author(s) regarding copyright matters This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the docu- ment is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recog- nise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to [email protected] Notice: Please note that this document may not be the Version of Record (i.e. published version) of the work. Author manuscript versions (as Sub- mitted for peer review or as Accepted for publication after peer review) can be identified by an absence of publisher branding and/or typeset appear- ance. If there is any doubt, please refer to the published source. https://doi.org/10.1093/cesifo/ifv010 External Influence as an Indicator of Scholarly Importance Ho Fai Chan, Bruno S. Frey, Jana Gallus, Markus Schaffner, Benno Torgler, and Stephen Whyte Abstract: Although the external influence of scholars has usually been approximated by publication and citation count, the array of scholarly activities is far more extensive. -
A New Standard for Antitrust the Effective Competition Standard: in Practice
A NEW STANDARD FOR ANTITRUST THE EFFECTIVE COMPETITION STANDARD: IN PRACTICE ISSUE BRIEF BY MARSHALL STEINBAUM AND MAURICE E. STUCKE | SEPTEMBER 2018 Today’s economy has a market power problem. Consumers are paying higher prices; new entrants face tougher barriers; workers have little power to demand competitive wages and benefits and less mobility to leave for a better offer; and suppliers often can’t reach the market without paying powerful intermediaries for the privilege. The available economic data all point to declining competition, increasing concentration, less innovation, and widening wealth and income inequality. There are many drivers of our market power problem. One significant factor is weak antitrust law and enforcement. Over the past 35 years, Americans have paid the price for a “consumer welfare” standard, which the courts created and interpreted in ways that neither benefit consumers nor their welfare. After nearly four decades, no consensus exists on what the consumer welfare standard actually means. While it is intended to prevent monopolies from charging higher prices, it has failed even on this measure, as the empirical evidence reveals. Moreover, the consumer welfare standard ignores vast segments of the economy, including the adverse effects of mergers, powerful buyers, and unilateral restraints on upstream suppliers and workers. With such price-centric tools, the U.S. competition agencies often cannot assess how mergers and restraints will impact what is increasingly important in the 21st century economy, namely quality, privacy, and innovation. Exacerbating the shortcomings of this “consumer welfare” standard is the courts’ unwieldy, case-by-case rule-of-reason analysis, which is too costly and time-consuming for anyone other than a well-financed plaintiff to undertake. -
Imperialism, Racism, and Fear of Democracy in Richard Ely's Progressivism
The Rot at the Heart of American Progressivism: Imperialism, Racism, and Fear of Democracy in Richard Ely's Progressivism Gerald Friedman Department of Economics University of Massachusetts at Amherst November 8, 2015 This is a sketch of my long overdue intellectual biography of Richard Ely. It has been way too long in the making and I have accumulated many more debts than I can acknowledge here. In particular, I am grateful to Katherine Auspitz, James Boyce, Bruce Laurie, Tami Ohler, and Jean-Christian Vinel, and seminar participants at Bard, Paris IV, Paris VII, and the Five College Social History Workshop. I am grateful for research assistance from Daniel McDonald. James Boyce suggested that if I really wanted to write this book then I would have done it already. And Debbie Jacobson encouraged me to prioritize so that I could get it done. 1 The Ely problem and the problem of American progressivism The problem of American Exceptionalism arose in the puzzle of the American progressive movement.1 In the wake of the Revolution, Civil War, Emancipation, and radical Reconstruction, no one would have characterized the United States as a conservative polity. The new Republican party took the United States through bloody war to establish a national government that distributed property to settlers, established a national fiat currency and banking system, a progressive income tax, extensive program of internal improvements and nationally- funded education, and enacted constitutional amendments establishing national citizenship and voting rights for all men, and the uncompensated emancipation of the slave with the abolition of a social system that had dominated a large part of the country.2 Nor were they done. -
Proceedings of the Fifth Workshop of the Apec-Oecd
PROCEEDINGS OF THE FIFTH WORKSHOP OF THE APEC-OECD CO-OPERATIVE INITIATIVE ON REGULATORY REFORM PARIS, FRANCE 2-3 December, 2003 2 TABLE OF CONTENTS I. PROCEEDINGS OF THE PARIS WORKSHOP ................................................................ 5 II. AGENDA OF THE PARIS WORKSHOP......................................................................... 11 III. WELCOME AND OPENING SPEECH ............................................................................ 17 IV. SUMMARY OF THE PRESENTATIONS ........................................................................ 21 APPENDIX 1: ELEMENTS OF THE PROTOTYPE INTEGRATED CHECKLIST PARTICULARLY RELEVANT TO THIS WORKSHOP................................................................................ 45 APPENDIX 2: PROTOTYPE APEC-OECD INTEGRATED CHECKLIST ON REGULATORY REFORM ............................................................................................................................ 47 APPENDIX 3: APEC PRINCIPLES TO ENHANCE COMPETITION AND REGULATORY REFORM ...................................................................................... 67 APPENDIX 4: THE 1997 OECD POLICY RECOMMENDATIONS ON REGULATORY REFORM.... 71 APPENDIX 5: SUBMITTED PAPERS ....................................................................................................... 73 APPENDIX 6: LIST OF PARTICIPANTS................................................................................................ 143 3 4 I. PROCEEDINGS OF THE PARIS WORKSHOP (SECOND WORKSHOP OF THE SECOND PHASE OF THE