A Comparison of the HHI and the Procurement-Based Framework in Merger Review
by Kenneth Gong Abstract The Herfindahl-Hirschman Index (HHI), a measure of market concentration, plays a critical role in the U.S. Merger Guidelines. It is used as a threshold metric that marks certain mergers as potentially harmful to consumers. However, the microfoundations for the HHI are grounded in the Cournot oligopoly model, which may not be […]
Beyond the But-For World: Weak-necessity causal reasoning for model-based counterfactuals in law and economics
by Lilia Qian Abstract Under current standards for scientific evidence defined under Daubert, antitrust models are frequently excluded from legal consideration, but not always for reasons that make them genuinely unreliable. This paper clarifies why antitrust models face difficulties when subjected to methodological scrutiny: the employment of model-based counterfactual arguments under an epistemically defective ‘but-for’ […]
Municipal and Cooperative Internet on Broadband Entry and Competition
by Tianjiu Zuo Abstract The broadband market is unique for municipal (government-owned) and cooperative (member-owned) competitors. Their participation, however, raises conflict of interest concerns. Both municipalities and cooperatives are often owners of utility poles that are an essential input for broadband deployment. Internet service providers (ISPs) must lease pole attachment space. While most pole attachment […]
