Here are somewhen not busy with teaching and scholarship
One of my ongoing projects is an extended annotation and enhancement of the United States merger guidelines. The versions of the guidelines available at MergerGuidelines.com contain added features like internal cross-references and convenient pincite information. This project also includes critical commentary and references to related scholarly work and decisional law on many topics. These resources are made available for general use as a work-in-progress, and continue to evolve as the editors schedules permit.
Another of my ongoing projects is work on the VeconLab Software Suite, a large collection of publicly accessible online economics experiments maintained by Charles Holt at the University of Virginia. My contributions to this software suite include the continuous-time pretrial bargaining game and backend support for the VeconLab platform.
I am also a regular contributor to comments on pressing issues in antitrust policy. These comments are usually collaborations with other authors, so I cannot (and do not) stand behind every word. Still, these policy comments are carefully considered documents, and I hope that they help in guiding antitrust law and practice. A few representative examples follow:
- In July 2023, the FTC and DOJ sought public comments on draft merger guidelines. The comments I submitted identify areas for improvement in market definition and the presentation of information to readers.
- The Antitrust Law Section of the American Bar Association submitted these comments to Congress to raise concerns with the American Innovation and Choice Online Act. The comments note that the bill departs from accepted principles of competition law and alerts that this departure risks unpredicted and unintended consequences. The views expressed in this comment are presented on behalf of the Section of Antitrust Law. They have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and should not be construed as the position of the American Bar Association.
- Despite the widespread adoption of premerger investigation frameworks, consummated mergers are still investigated and challenged with some regularity. This discussion paper considers the pros and cons of premerger and consummated merger review and discusses considerations of enforcement balance. The views stated in this discussion paper have not been reviewed by all members of the House of Delegates or the Board of Governors of the American Bar Association and therefore should not be construed as representing the policy positions of the American Bar Association.
- In early 2020, the FTC and DOJ sought public comments on newly released draft vertical merger guidelines. The comments that Henry Su and I submitted identify several specific areas for improvement in the draft merger guidelines. Several of these proposals were implemented in the final vertical merger guidelines released in the summer of 2020.