George Mason School of Law

Joshua Wright
George Mason Law School
3301 Fairfax Drive
Arlington, VA 22201

703.993.8236 (w)

Professor Joshua D. Wright's Publications

PUBLICATIONS

BOOKS AND BOOK CHAPTERS

Co-Editor, PIONEERS IN LAW AND ECONOMICS (with Lloyd R. Cohen) (Edward Elgar Publishing Limited, 2009)

Co-Editor, COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY: REGULATING INNOVATION (with Geoffrey A. Manne) (Cambridge University Press, 2011).

Co-Editor, RESEARCH HANDBOOK IN THE LAW AND ECONOMICS OF THE FAMILY (with Lloyd R. Cohen, Edward Elgar Publishing Limited, Forthcoming 2011)

Benjamin Klein, in PIONEERS OF LAW AND ECONOMICS (Cohen and Wright, eds., Edward Elgar Publishing Limited, 2008)

Antitrust Analysis of Exclusive Dealing and Tying Arrangements (with Alden F. Abbott), in THE LAW AND ECONOMICS OF ANTITRUST (Keith N. Hylton ed., Edward Elgar Publishing Limited, 2009)

The Chicago School, Transaction Cost Economics, and Antitrust, in THE ELGAR COMPANION TO TRANSACTION COST ECONOMICS (Peter G. Klein and Michael E. Sykuta, eds., Edward Elgar Publishing Limited, 2009)

Antitrust, Multi-Dimensional Competition, and Innovation: Do We Have An Antitrust Relevant Theory of Competition Now?, in COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY: REGULATING INNOVATION (with Geoffrey A. Manne) (Cambridge University Press, 2011).

Intellectual Property and Standard Setting (with Bruce H. Kobayashi), in the American Bar Association Antitrust Section HANDBOOK ON ANTITRUST ASPECTS STANDARD SETTING (2010).

ARTICLES

Law and Economics

Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty (with Douglas H. Ginsburg), forthcoming 106 (3) NORTHWESTERN LAW REVIEW (2012)

Antitrust

Misbehavioral Economics: The Case Against Behavioral Antitrust (with Judd E. Stone), forthcoming
CARDOZO LAW REVIEW (2011)

State Regulation of Alcohol Distribution: The Effects of Post and Hold Laws on Output and Social
Harms
(with James C. Cooper) (under review)

Abandoning Antitrust’s Chicago Obsession: The Case for Evidence-Based Antitrust, forthcoming

ANTITRUST LAW JOURNAL (2012).

Does Antitrust Enforcement In High Tech Markets Benefit Consumers?  Stock Price Evidence From FTC v. Intel, forthcoming REVIEW OF INDUSTRIAL ORGANIZATION (2012).

The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption (with Judd E. Stone), forthcoming REVIEW OF INDUSTRIAL ORGANIZATION (2012)

 

Google and the Limits of Antitrust: The Case Against the Case Against Google (with Geoffrey A. Manne), 34 Harv. J. L. & Pub.  Policy (2011)

Antitrust Sanctions (with Douglas H. Ginsburg), 6(2) COMPETITION POLICY INTERNATIONAL 3 (2010).

Antitrust Formalism is Dead!  Long Live Antitrust Formalism!: Some Implications of American Needle v. NFL (with Judd E. Stone), 2009-10 CATO SUPREME COURT REVIEW 369 (2010)

Is Antitrust Too Complicated for Generalist Judges? The Impact of Economic Complexity and Judicial Training on Appeals (with Michael Baye) (54 JOURNAL OF LAW AND ECONOMICS, February 2011)

Antitrust, Economics, and Innovation in the Obama Administration, GLOBAL COMPETITION POLICY (November 2009).

Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals? (with Daniel A. Crane), 6 COMPETITION POLICY INTERNATIONAL 209 (2009).

An Evidence Based Approach to Exclusive Dealing and Loyalty Discounts, GLOBAL COMPETITION POLICY (July 2009).

Overshoot the Mark? A Simple Explanation of the Chicago School’s Influence on Antitrust, 5 COMPETITION POLICY INTERNATIONAL 179 (2009) (review of Did the Chicago School Overshoot the Mark The Effect of Conservative Economic Analysis on U.S. Antitrust Policy,     Pitofsky ed, Oxford University Press 2008).

Antitrust Analysis of Category Management: Conwood Co. v. U.S. Tobacco, 17 SUPREME COURT ECONOMIC REVIEW 311 (2009) 

Antitrust (Over-?) Confidence (with Thomas A. Lambert) 20(2) LOYOLA CONSUMER LAW REVIEW 219 (2008)

The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond, 3(2) COMPETITION POLICY INTERNATIONAL 25 (2007) 

The Roberts Court’s Antitrust Jurisprudence: Chicago Marches On, 8(4) ENGAGE 29 (2007)

The Economics of Slotting Contracts (with Benjamin Klein), 50 JOURNAL OF LAW AND ECONOMICS 421 (2007)

Slotting Contracts and Consumer Welfare, 74(2) ANTITRUST LAW JOURNAL 439 (2007)

MasterCard's Single Entity Strategy, 12 HARVARD NEGOTIATION LAW REVIEW 225 (2006)

Antitrust Law and Competition for Distribution, 23 YALE JOURNAL ON REGULATION 169 (2006)

Sui Generis?: An Antitrust Analysis of Buyer Power in the United States and European Union (with Richard

Scheelings), 39 AKRON LAW REVIEW 207 (2006)

Singing Along: A Comment on Goldberg and Muris on the Three Tenors, 1 (3) REVIEW OF LAW AND

ECONOMICS 4 (2005) 

Vons Grocery and the Concentration-Price Relationship in Grocery Retail, 48 UCLA LAW REVIEW 743 (2001)

 

Antitrust & Intellectual Property

Innovation and The Limits of Antitrust (with Geoffrey A. Manne), 6(1) JOURNAL OF COMPETITION LAW AND ECONOMICS 153 (2010)

Patent Holdup, Antitrust and Innovation: Harness or Noose? (with Aubrey N. Stuempfle), 61 ALABAMA LAW REVIEW 559 (2010)  

Why the Supreme Court was Correct to Deny Certiorari in FTC v. Rambus, GLOBAL COMPETITION POLICY (March 2009, Release Two)

Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup (with Bruce H. Kobayashi), 5 JOURNAL OF COMPETITION LAW AND ECONOMICS 469 (2009), reprinted in COMPETITION POLICY AND PATENT LAW UNDER             UNCERTAINTY: REGULATING INNOVATION(with Geoffrey A. Manne) (Cambridge University Press, 2011).

Missed Opportunities in Independent Ink, 2005-06 CATO SUPREME COURT REVIEW 333 (2006)

Contracts and Contract Theory

Option Backdating and Why Executive Compensation is Not All About Norms, 2 CORPORATE GOVERNANCE LAW REVIEW 385 (2006) (with Geoffrey A. Manne)

Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective 2 NYU JOURNAL OF LAW AND LIBERTY 470 (2007)

Consumer Protection

Are State Consumer Protection Acts Really Little FTC Acts?  (with Henry N. Butler), 63 FLORIDA LAW REVIEW 163 (2010).

Three Problematic Truths About the Consumer Financial Protection Agency Act of 2009 (with Todd J. Zywicki), 1 (12) LOMBARD STREET (September 2009).

The Effect of the Consumer Financial Protection Agency Act of 2009 on the Availability of Consumer Credit (with David S. Evans), 22 (3) LOYOLA CONSUMER LAW REVIEW 279 (2010). 

How the Consumer Financial Protection Agency Act of 2009 Would Change the Law and Regulation of

Consumer Financial Products (with David S. Evans), 2 (10) BLOOMBERG LAW REPORTS: RISK AND COMPLIANCE (October 2009). 

Others

The Constitutional Failure of Gang Databases, 2 STANFORD JOURNAL OF CIVIL RIGHTS AND CIVIL LIBERTIES 115 (2006).

Commentary

Hell No, Don’t Let Them Go!, CHICAGO TRIBUNE (May 8, 2008) (with Thomas W. Hazlett)

U.S. Antitrust Becomes More European, FORBES.COM (May 18, 2009) (with Keith N. Hylton and Geoffrey A. Manne)

The Return of “Big is Bad,” THE DEAL MAGAZINE (May 26, 2009) (with Keith N. Hylton and Geoffrey A. Manne)

WORKING PAPERS

Dynamic Competition and the Limits of Antitrust Institutions (with Douglas H. Ginsburg)

Tastes Great, Less Filling: The Effects of Contract Regulation on Beer Consumption (with Jonathan Klick)

The Limits of Antitrust and Patent Holdup: A Reply to Cary et al. (with Bruce H. Kobayashi)

The Political Economy of the International Competition Network

The Effect of State Consumer Protection Act Liability on Insurance Prices (with Eric Helland)

If Search Neutrality is the Answer, What’s the Question? (with Geoffrey A. Manne)

RESEARCH PROJECTS IN PROGRESS

Antitrust 3.0

Antitrust Contests (with Michael R. Baye and Paul Pautler)

Daubert and The Industrial Organization of the Economic Expert Witness Market (with Fred McChesney and Jonathan Klick)

The Law and Economics of Contracts: The Self-Enforcing Range and Contract Interpretation

Inference from Antitrust Event Studies (with Jonah Gelbach and Jonathan Klick)

The Antitrust-Consumer Protection Paradox: Two Policies at War with Each Other

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