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PUBLICATIONS
Many articles can be downloaded from Professor Lande's SSRN
page If a paper is available on SSRN , there is a link to
the appropriate page below. Other articles may be downloaded from
this website.
BOOK
Torts: The Civil Law of Reparation For Harm Done By Wrongful Act, by Little, Lidsky & Lande (3rd Ed 2009) (LexisNexis)
U.S LAW REVIEW ARTICLES
"Why
Antitrust Damage Levels Should Be Raised", 16 Loy. Consumer L.
Rev. 329 (2004).
Word file
'Using Antitrust to Regulate Big
Business", 4 The Long Term View 11 (2003).
"The Perfect Caper? Private Damages and the Microsoft Case,"
69 George Washington L. Rev. 902 (2001). (co-authored with Dr. James
Langenfeld)
Word File
pdf File
"Consumer
Choice As the Ultimate Goal of Antitrust," 62 U. Pitt. L.Rev. 503
(2001)
Word
File
"Resurrecting
Incipiency: From Von's Grocery to Consumer Choice," 68 Antitrust
L.J. 875 (2001)
Word File
"The
Three Types of Collusion: Fixing Prices, Rivals, and Rules," 2000
Wisc. L. Rev. 941 (2000) (co-authored with Dr. Howard Marvel)
Word
File
"Proving the Obvious: The Antitrust Laws Were Passed to Protect
Consumers (Not Just to Increase Efficiency)," 50 Hastings L.J. 959
(1999).
Word File
"Consumer
Choice: The Practical Reason For Both Antitrust And Consumer Protection
Law," 10 Loyola Consumer L. Rev. 44 (1998) (co-authored with Neil
W. Averitt) (modification and update of the next article)
Word File
"Consumer
Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law,"
65 Antitrust L.J. 713 (1997) (co-authored with Neil W. Averitt) (Federal
Trade Commission annual award for best trade regulation scholarship;
presented to co-author Oct. 27, 1998).
Word
File
"Anticonsumer
Effects of Union Mergers: An Antitrust Solution," 46 Duke L. J.
197 (1996) (co-authored with Dr. Richard Zerbe)
Word File
"Reverse
Engineering of Computer Software and U.S. Antitrust Law," 9
Harvard J. L. & Tech. 237 (1996) (co-authored with Sturgis Sobin)
"Beyond Chicago: Will Activist Antitrust Arise Again?" 34
Antitrust Bull. 1 (1994)
"Are
Antitrust 'Treble' Damages Really Single Damages?" 54 Ohio S. L.
J. 115 (1993)
Word File
"Chicago
Takes It On the Chin: Imperfect Information Could Play A Crucial Role In
the Post-Kodak World," 62 Antitrust L. J. 193 (1993)
Word File
"A
Law & Economics Perspective on a 'Traditional' Torts Case: Insights
for Classroom and Courtroom," 57 Missouri L. Rev. 399 (1992)
"When
Should States Challenge Mergers: A Proposed Federal/State Balance,"
35 New York Law School L. J. 1047 (1990)
Word File
"Price
Effects of Horizontal Mergers," 77 Calif. L. Rev. 777 (1989)
(co-authored with Dr. Alan Fisher and Dr. Frederick Johnson)
Word File
"Chicago's False Foundation: Wealth Transfers (Not Just
Efficiency) Should Guide Antitrust," 58 Antitrust L. J. 631 (1989)
Word File
"The Rise and (Coming) Fall of Efficiency as the Ruler of
Antitrust," 33 Antitrust Bull. 429 (1988)
pdf File
"Monopoly
Power and Market Power In Antitrust Law," 76 Georgetown L. J. 241
(1987) (co-authored with Thomas Krattenmaker & Dr. Steven Salop)
Word File
"Do the DOJ Vertical Restraints Guidelines Provide Guidance?" 32
Antitrust Bull. 609 (1987) (co-authored with Dr. Alan Fisher and Dr.
Frederick Johnson)
"The End of Antitrust - or a New Beginning?" 31 Antitrust Bull.
301 (1986) (co-authored with Joe Sims)
"Reducing Unions' Monopoly Power: Costs and Benefits," 28 J. L.
& Econ. 297 (1985) (co-authored with Dr. Richard Zerbe)
pdf file
"Afterword: Can a Merger Lead to Both a Monopoly and a Lower
Price?" 71 Calif. L. Rev. 1697 (1983) (co-authored with Dr. Alan
Fisher and Dr. Walter Vandaele)
"Efficiency Considerations in Merger Enforcement," 71 Calif. L.
Rev. 1580 (1983) (co-authored with Dr. Alan Fisher)
Word File
"Wealth Transfers as the Original and Primary Concern of Antitrust:
The Efficiency Interpretation Challenged," 34 Hastings L. J. 65
(1982)
Word File
REPRINTS, EXCERPTS AND CONDENSATIONS OF PUBLICATIONS
"Are Antitrust 'Treble' Damages Really Single Damages?" 54
Ohio S. L. J. 115 (1993), condensed in 8 Commercial Damages Rep. 238
(1993); excerpted in Andrew Gavil, An Antitrust Anthology 367-76 (1996);
reprinted in 26 J. Reprints for Antitrust L. & Econ. 463 (1996)
"Price Effects of Horizontal Mergers," 77 Calif. L. Rev. 777
(1989), reprinted in 21 J. Reprints for Antitrust L. & Econ. 471
(1991), in 32 Corp. Prac. Commentator 153 (1990), and in Eleanor Fox
& James Halverson, Collaborations Among Competitors: Antitrust
Policy and Economics 361-402 (1992)
"The Rise and (Coming) Fall of Efficiency as the Ruler of
Antitrust," 33 Antitrust Bull. 429 (1988), reprinted in Eleanor Fox
& James Halverson, Collaborations Among Competitors: Antitrust
Policy and Economics 105-30 (1992)
"Monopoly Power and Market Power In Antitrust Law," 76
Georgetown L. J. 241 (1987), reprinted in Harry First, Eleanor Fox &
Robert Pitofsky, Revitalizing Antitrust In Its Second Century 175
(1991); excerpted in Andrew Gavil, An Antitrust Anthology 245-50
(1996);and in Benajmin Klein & Andres V. Lerner, Economics of
Antitrust Law (Edward Elgar, 2008)
"Reducing Unions' Monopoly Power: Costs and Benefits," 28 J.
L. & Econ. 297 (1985), reprinted in 29 Corp. Prac. Commentator 107
(1987)
Impact Evaluations of Federal Trade Commission Vertical Restraints Cases
(1984 FTC Publication), reprinted in 19 J. Reprints for Antitrust L.
& Econ. 1 (1986)
"Wealth Transfers as the Original and Primary Concern of Antitrust:
The Efficiency Interpretation Challenged," 34 Hastings L. J. 65
(1982), excerpted in E. Thomas Sullivan, The Political Economy of the
Sherman Act: The First One Hundred Years 71-84 (1991); in E. Thomas
Sullivan & Herbert Hovenkamp, Antitrust Law, Policy And Procedure,
at 10-18 in 1999 edition, in 19 J. Reprints for Antitrust L. & Econ.
159-83 (1989); in Andrew Gavil, An Antitrust Anthology 50-53 (1996); and
in the Hastings Law Journal's 50th Anniversary Issue, Volume 50 (1999).
BOOK CHAPTERS
"Benefits of Private Enforcement: Empirical Background," introductory chapter to Private Enforcement of Antitrust law in the United States: A Handbook (Albert A. Foer and Randy M. Stutz, Eds) (2012, Edward Elgar)
"Benefits of Private Enforcement: Empirical Background, Chapter 1 of "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar, 2010) (Albert A. Foer & Jonathan W. Cuneo, Eds)
"The
Chicago School's Foundation is Flawed: Antitrust Protects Consumers, Not
Efficiency," in How The Chicago School Overshot the Mark
(Oxford University Press, Robert Pitfosky, Editor, 2008) (co-authored
with John. B. Kirkwood).
FOREIGN PUBLICATIONS
India - "Price-Fixing: Hefty penalties on big-biz cartels will provide level playing field to small businesses", Economic Times, Aug 2012, online publication
France - “Consumer choice is where we are all going - so let’s go together", 2 Concurrences (2011)(co-authored with Neil Averitt and Paul Nihoul). pdf file
India- "Market
Power Without A Large Market Share: The Role of Imperfect Information
and Other 'Consumer Protection' Market Failures", reprinted in
Consumer Legal Encounters 138 (2008, D. Naresh Kumar, Ed) (Icfia
University Press, Hyderabad, India)
China - "Consumer Choice: The Ultimate Objective of
Antitrust", 28 Civil and Commercial Law Review (2003).
England - "Rule Fixing: An Overlooked But General Category of
Collusion," in Post-Chicago Developments in Antitrust Law 183
(2002) (Cucinotta et. al eds.) (co-authored with Dr. Howard Marvel)
(condensation of article that appeared at 2000 Wisc. L. Rev. 941 (2000))
Japan - "The Evolution of United States Antitrust Law: The Past,
Present, and (Possible) Future," 16 Nihon U. Comparative L.J. 149
(1999) (co-authored with Albert A. Foer)
Peru - "Una teoría de la soberanía del consumidor: la
combinación de la ley antimonopolio y de protección al consumidor,"
in Politicas de Competencia y el Proceso de Reformas Económicas en
América Latina at 43, published by INDECOPI, Peru (1998) (translation
of speech delivered in Lima)
Japan - "Recent Trends In Merger Enforcement in the United States:
The Increasing Impact of Economic Analysis," 15 Nihon U.
Comparative L.J. 73 (1998) (co-authored with Dr. James Langenfeld)
pdf File
Peru - "La teoría de la política de fusiones," in Politicas
de Competencia y el Proceso de Reformas Económicas en América Latina
at 141, published by INDECOPI, Peru (1998) (translation of speech
delivered in Lima)
Venezuela - "Consumer Sovereignty: A Unified Theory of Antitrust
and Consumer Protection Law," condensed and revised version of
article appearing at 65 Antitrust L.J. 713 (co-authored), in Temas
Fundamentales De Análisis Económico Del Derecho," published by
the Venezuelan Law & Economics Ass'n at 449 (1997)
Japan - "Consumer Choice as the Unifying Goal of Antitrust and
Consumer Protection Law," 14 Nihon University Comparative Law
Journal 131 (1997) (condensation of article that appeared at 65
Antitrust Law Journal 713)
Brazil - "Ascensâo e queda (próxima da efficiência como
reguladora do antitruste," 23 Revista de Direito Econômico 39
(1996) (Portugese translation of article appearing in 33 Antitrust Bull.
429)
England - "Chicago's False Foundation: Wealth Transfers (Not Just
Efficiency) Should Guide Antitrust," 58 Antitrust L.J. 631 (1989),
reprinted in F.M. Scherer, Monopoly and Competition Policy: Volume 1 241
(1993)
Hong Kong - "More Lessons From Japan: End Industrywide Collective
Bargaining?" 4 Asian Economics Journal 28 (1990) (co- authored with
Dr. Richard Zerbe)
ADDITIONAL PUBLICATIONS
"The Price of Abuse: Intel and
the European Commission Decision", 5 Global Competition
Policy, No. 2, June 2009, online publication
"Revitalizing
Section 5 of the FTC Using 'Consumer Choice' Analysis", 8
Antitrust Source 3 (February 2009).
"World
War 4.0: The Intel Antitrust Wars", Baltimore Sun, p. 11A,
July 31, 2008.
"Is
Europe Unfairly Attacking Another U.S. High Technology Company?",
FTC:WATCH, No. 726, p. 9, September 15, 2008,
"What
Do Exit Polls & Flu Vacines Have In Common," 647
FTC:WATCH 12, Feb. 124, 2005 (co-authored)
"Beware
Buyer Power", Legal Times, July 12, 2004.
Word File
"US
Admonishes Europe For Protecting Itself From Microsoft's Predation"
www.antitrustinstitute.org
(co-authored) March 2004 online publication
"The European Union's Microsoft Case," 607 FTC:WATCH, April
7, 2003
"The FTC's Cruise Lines Decisions: Three Cheers For
Transparency," FTC: WATCH, No. 599, Nov. 18, 2002 (co-authored)
"A Test For Competition," Legal Times, Sept. 20, 2002, at 59
(reprinted in other American Lawyer Media publications, sometimes with
a different title)
Interview titled, "States of Flux" in L.A. Daily Journal,
Verdicts & Settlements, June 21, 2002
"Commission's Request for Comments on the Use of Disgorgement in
Antitrust Matters," March 29, 2002 (comments filed with the FTC
on behalf of the AAI).
"Collusion
Over Rules," 16 Antitrust 36 (2002) (co-authored)
(condensation of article in 2000 Wisc. L. Rev.)
"Why Are We So Reluctant to 'Execute' Microsoft?" 1
Antitrust Souce 1 (2001) (online publication available at
antitrustsource.com)
"Has Microsoft Committed the Perfect Caper?" 564 FTC: WATCH
11 (2001) (co-authored with Dr. James Langenfeld)
"Professor Waller's Un-American Approach to Antitrust," 32
Loyola U. Chi. L.J. 137 (2000).
"Legalizing
Merger to Monopoly and Higher Prices: The Canadian Competition
Tribunal Gets It Wrong," 14 Antitrust 71 (2000) (co-authored)
Word File
Testimony before the Committee on Commerce, Science and
Transportation, U.S. Senate, Hearing on the America Online/Time Warner
Merger, March 2, 2000 (the Hearing was published on-line)
"After Microsoft Wins," 548 FTC: WATCH 14 (2000)
Word File
"Antitrust & the Media-II," 270 The Nation 5 (2000)
"Yes, Microsoft Did Hurt Consumers" November 30, 1999,
Washington Post, A-29 (co-authored with Albert A. Foer)
"Baby Bills", Parts I and II, Lawnewsnetwork.com/open
court/stories, April 1 and 2, 1999 (American Lawyer Media)
(co-authored with David Solomon)
"A New Foundation For Antitrust Law," Legal Times, Nov. 2,
1998 at S 40 (co--authored)
Testimony before the Committee on the Judiciary of the U.S. House of
Representatives, Oversight Hearing on Merger Enforcement, Nov. 5, 1997
(the Hearing was published on-line)
"Symposium
Creating Competition Policy for Transition Economies",
23 Brook. J. Int'l L 339 (1997).
Word File
"From
Surrogates to Stories: The Evolution of Federal Merger Policy, 11
Antitrust 5 (1997) (co-authored with Dr. James Langenfeld)
"Efficiency Considerations In Merger Enforcement." Testimony
published on-line by the Federal Trade Commission (co-authored with
Dr. Alan Fisher) (1995)
"Predation Theory after Liggett and American Airlines,"
edited transcript of remarks presented at ABA Antitrust Section
Meeting, April 6, 1994, p.1
"Must Rates be 'Just' or Only 'Reasonable'? -- The Role of
Equity: An Antitrust View," Competition and Regulation --
Compatible Bedfellows? 30 (1992) (ABA pub.)
"Commentary: Implications of Professor Scherer's Research for the
Future of Antitrust," 29 Washburn L. J. 256 (1990)
Introductory remarks at panel discussions; "Self
Regulation," 57 Antitrust L. J. 809 (1989); and "Antitrust
Synthesis," 57 Antitrust L. J. 827 (1989)
"The Federal-State Rhetorical Debate: A Call for Harmony Among
Antitrust Enforcers," 2 Federal Bar Ass'n. ATRS Report 3 (Summer
1989)
"A Counterrevolution in Antitrust?" in Antitrust in the
1990's, Institute of Continuing Legal Education in Georgia (1989)
(program material)
"'Antitrust Law and Economics:' Responding to an Ivory Tower
Critique," 57 U. Cin. L. Rev. 235 (1988)(book rev.)
"A Framework for Evaluating the Antitrust Legacy of the Reagan
Administration," 35 Fed. Bar News & J. 228 (1988)
Editor, "The Cutting Edge of Antitrust: Lessons From
Deregulation," (ABA Antitrust Section symposium course material)
(June 13, 1988)
"Just Where does Judge Bork Stand? -- An Anti-Antitrust
Activist?" Nat'l L. J., Sept. 7, 1987 at 13
"Antitrust Plaintiffs and the Future," 1 Fed. Bar Ass'n.
ATRS Report 1 (Summer 1987) (co-authored)
"New Forces Chip Away at Agencies' Policy of Antitrust
Abandonment," Legal Times, April 20, 1987 at 14 (co-authored with
Joe Sims)
"Vertical Restraints Guidelines: A Step Forward," Legal
Times, March 4, 1985 at 16 (co-authored with Joe Sims)
"Tying and Exclusive Dealing," Sixth Annual Seminar on
Distribution at 53 (Law Journal Seminars Press, 1985) (co-authored
with Joe Sims)
"DOJ Adds Revisionist Dollop to '82 Merger Guidelines,"
Legal Times, June 25, 1984 at 15 (co-authored with Joe Sims)
Impact Evaluations of Federal Trade Commission Vertical Restraints
Cases (co-edited with Dr. Ronald Lafferty and John Kirkwood) (1984 FTC
Pub.)
"Current Legal Standards of Predation," in Strategy
Predation, and Antitrust Analysis (S. Salop ed. 1981) (one of four
co-authors) (FTC Publication)
"Peak-Load Pricing Lowers Generation Costs," 207 Electric
Rev. Int'l. 66 (1980) (from Master's thesis)
"Divestiture Under Section 5 of the FTC Act," Hearing on
Federal Trade Commission - Divestiture Before the Subcommittee for
Consumers of the Senate Committee on Commerce, Science, and
Transportation, 96th Cong., 1st Sess. 110 (1979) (co-author)
"A Cost-Benefit Analysis of Electric Peak-Load Pricing," 103
Pub. Util. Fort. 9 (1979) (from Master's thesis)
Note, "The Arab Boycott and Title VII," 12 Harv. C. R. C. L.
L. Rev. 181 (1977) (student note)
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