(With van Rompuy, Ben.) Economic Efficiency: The Sole Concern of Modern Antitrust Policy?: Non-Efficiency Considerations under Article 101 TFEU. Alphen aan den Rijn: Kluwer Law International, 2012.
Evolution of U.S. Antitrust Enforcement. Northhampton, ME: Edward Elgar, 2011.
(With Gavil, Andrew I., and Jonathan B. Baker.) Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy. 2nd edition. St. Paul: Thomson West, 2008.
First edition published in 2002.
(With Gellhorn, Ernest and Stephen Calkins.) Antitrust Law and Economics in a Nutshell. 5th ed. St. Paul: West Publishing Co., 2004.
Fourth edition published in 1994.
Evaluating the Competitive Effects of Defense Industry Mergers on Research and Development. Washington, DC: Federal Legal Publications, 1996.
The Choice of Forum in Bid Protest Disputes. Washington, DC: Administrative Conference of the United States, 1995
(with Feinstein, Richard and Patrick Sheller). Antitrust Analysis and Defense Industry Consolidation. Chicago, IL: American Bar Association, Section of Public Contract Law, 1994.
(with Sullivan, E. Thomas, et al.). Nonprice Predation under Section 2 of the Sherman Act. Monograph No. 18. Chicago, IL: American Bar Association, Section of Antitrust Law, 1991.
The Antitrust Government Contracts Handbook. Chicago, IL: American Bar Association, Section of Antitrust Law, 1990.
A Basic Antitrust Compliance Manual for the Moving and Storage Industry. 1987.
(with Heckmeyer, Steven, et al.). Coping with a Mature Product in a Changing Industry: White Paper of the National Task Force on the Yellow Pages Industry. 1987.
(with Blumenthal, William, et al.). Horizontal Mergers: Law and Policy. Monograph No. 12 Chicago, IL: American Bar Association, Section of Antitrust Law, 1986.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
"Creating a Respected Brand: How Regulatory Agencies Signal Quality," 22 George Mason Law Review 237-258 (2015).
"The Federal Trade Commission as Convenor: Developing Regulatory Policy Norms Without Litigation or Rulemaking," 13 Colorado Technology Law Journal 17-30 (2015).
"Out of Control? Robert Bork's Portrayal of the U.S. Antitrust System in the 1970s," 79 Antitrust Law Journal 855-880 (2014).
"Politics and Partisanship in U.S. Federal Antitrust Enforcement," 79 Antitrust Law Journal 687-711 (2014).
(With Hyman, David A.) "Why Who Does What Matters: Governmental Design and Agency Performance," 82 George Washington Law Review 1446-1516 (2014).
"From Microsoft to Google: Intellectual Property, High Technology, and the Reorientation of U.S. Competition Policy and Practice," 23 Fordham Intellectual Property, Media & Entertainment Law Journal 645-654 (2013).
(With Hyman, David A.) "Institutional Design, Agency Life Cycle, and the Goals of Competition Law," 81 Fordham Law Review 2163-2174 (2013).
Available at: http://fordhamlawreview.org/assets/pdfs/Vol_81/Hyman_April.pdf.
(With Jenny, Frederic, et al.) "Antitrust Fact-Finding in Judicial and Administrative Proceedings," in Annual Proceedings of the Fordham Competition Law Institute: International Antitrust Law & Policy. Huntington, NY: Juris Pub., 2012.
"Antitrust in High-Tech Industries: Improving the Federal Antitrust Joint Venture," 19 George Mason Law Review 1097-1118 (2012).
"Behavioral Economics and Its Meaning for Antitrust Agency Decision Making," 8 Journal of Law, Economics & Policy 779-800 (2012).
(With Hollman, Hugh M., and Andrew S. Robertson.) "Building Global Antitrust Standards: The ICN's Practicable Approach," in Research Handbook on International Competition Law. Ed. by Ariel Ezrachi. Northampton, MA: Edward Elgar, 2012.
"From Activity to Accomplishment: Competition Law and Performance Measurement," 27 Antitrust 75 (2012).
"HSR at 35: The Early US Premerger Notification Experience and Its Meaning for New Systems of Competition Law," in New Competition Jurisdictions: Shaping Policies and Building Institutions. Ed. by Richard Whish and Christopher Townley. Northampton, MA: Edward Elgar, 2012.
"Politics, Hyper-Partisanship, and Regulatory Agency Leadership," 10 Georgetown Journal of Law & Public Policy 363-368 (2012).
(With Anderson, Robert D., and Anna Caroline Muller.) "Ensuring Integrity and Competition in Public Procurement Markets: A Dual Challenge for Good Governance," in National Seminar on the Revised WTO Agreement on Government Procurement: Basic Documentation, Chap. III:2. [Geneva]: World Trade Organization, 2011.
"Intellectual Property Policy and Competition Policy," 66 New York University Annual Survey of American law 421-434 (2011).
(With Marshall, Robert C., Leslie M. Marx and Halbert L. White.) "Plus Factors and Agreement in Antitrust Law," 110 Michigan Law Review 393-436 (2011).
"Redesigning a Criminal Cartel Regime: The Canadian Conversion," in Criminalising Cartels: Critical Studies of an International Regulatory Movement, p. 45-73. Edited by Caron Beaton-Wells and Ariel Ezrachi. Oxford; Portland, OR: Hart, 2011.
(With Hollman, Hugh M.) "The International Competition Network: Its Past, Current and Future Role," 20 Minnesota Journal of International Law 274-323 (2011).
"The Role of Economic Analysis in Competition Law," in Intellectual Property, Competition Law and Economics in Asia, p. 23-33. Edited by R. Ian McEwin. Oxford; Portland, OR: Hart Pub., 2011.
(With Winerman, Marc.) "The William Humphrey and Abram Myers Years: The FTC from 1925 to 1929," 77 Antitrust Law Journal 701-747 (2011).
(With Winerman, Marc.) "Competition Policy and the Application of Section 5 of the Federal Trade Commission Act," (Symposium: Issues at the Forefront of Monopolization and Abuse of Dominance) 76 Antitrust Law Journal 929-950 (2010).
(With Winerman, Marc.) "Outpost Years for a Start-Up Agency: The FTC from 1921-1925," 77 Antitrust Law Journal 145-203 (2010).
"Panel III: Antitrust and the Obama Administration: U.S. Convergence with International Competition Norms: Antitrust Law and Public Restraints on Competition," (Antitrust Conference in Honor of Joseph Brodley.) 90 Boston University Law Review 1555-1610 (2010).
"The Digital Broadband Migration and the Federal Trade Commission: Building the Competition and Consumer Protection Agency of the Future," 8 Journal of Telecommunications & High Technology Law 1-24 (2010).
"Rating the Competition Agencies: What Constitutes Good Performance," (Symposium: Antitrust Policy in the New Administration) 16 George Mason Law Review 903-926 (2009).
"Competition Policy, Consumer Protection, and Economic Disadvantage," (Access to Justice: The Social Responsibility of Lawyers). 25 Washington University Journal of Law & Policy 101-118 (2007).
With Reindl, Andreas P. "An Interdisciplinary Approach to Improving Competition Policy and Intellectual Property Policy." 28 Fordham International Law Journal 1062-1090 (2005).
"Evaluating Antitrust Experiments: Using ex post Assessments of Government Enforcement Decisions to Inform Competition Policy." 9 George Mason Law Review 843-861 (2001).
"Institutional Foundations for Economic Legal Reform in Transition Economies: The Case of Competition Policy and Antitrust Enforcement." 77 Chicago-Kent Law Review 265-315 (2001).
"Private Monitoring and Antitrust Enforcement: Paying Informants to Reveal Cartels." 69 George Washington Law Review 766-797 (2001).
"The Significance of the Microsoft Litigation for Postal Service Operators." in Future Directions in Postal Reform, edited by Michael A. Crew and Paul R. Kleindorfer. Boston, MA: Kluwer, 2001.
"Transatlantic Turbulence: The Boeing-McDonnell Douglas Merger and International Competition Policy." 68 Antitrust Law Journal 805-873 (2001).
"Holding Legislators Accountable for their Regulatory Promises." 2000 Law Review of Michigan State University - Detroit College of Law 9-15 (2000).
"Lessons of Competition Policy Reform in Transition Economies for U.S. Antitrust Policy." 74 St. John's Law Review 361-405 (2000).
"Competition Policy in the Postconsolidation Defense Industry." 44 Antitrust Bulletin 421 (1999).
"Designing Antitrust Remedies for Dominant Firm Misconduct." 31 Connecticut Law Review 1285-1319 (1999).
"The Crusade against Monopolists: Federal Antitrust Authorities are Jousting with Giant Corporations in a Sudden Reversal of the Government's Noninterventionist Policy." 6 Corporate Counsel no. 5, p. 44 (June 1999).
"Evaluating the Effects of Procurement Reform." 33 The Procurement Lawyer no. 2, p.1 (Winter 1998).
"Law, Economics, and the Reinvention of Public Administration: Using Relational Agreements to Reduce the Cost of Procurement Regulation and other Forms of Government Intervention in the Economy." 50 Administrative Law Review 141-156 (1998).
"Merger Enforcement in Transition: Antitrust Controls on Acquisitions in Emerging Economies." 66 University of Cincinnati Law Review 1071-1112 (1998).
"Perilous Beginnings: The Establishment of Antimonopoly and Consumer Protection Programs in the Republic of Georgia." 43 Antitrust Bulletin 15-43 (1998).
"Administrative Adjudication and the Use of New Economic Analysis Approaches in Antitrust Analysis." 5 George Mason Law Review 313-346 (1997).
"Antitrust Decisionmaking and the Supreme Court: Perspectives from Thurgood Marshall Papers." 42 Antitrust Bulletin 93-114 (1997).
"Antitrust Policy and Horizontal Collusion in the 21st Century." 9 Loyola Consumer Reporter 97 (1997).
(with Boner, Roger A.). "Antitrust Policy in Ukraine." 31 George Washington Journal of International Law & Economics 1-48 (1997).
"Comments on a Paper by Robert Cooter." in Economic Dimensions in International Law 317, edited by Jagdeep S. Bhandari & Alan O. Sykes. Cambridge: Cambridge University Press, 1997.
"Competition Policy Analysis of Joint Ventures and Teaming Arrangements by Government Agencies and the Courts." in Subcontracting, Teaming and Partnering in the Age of Consolidation and Cooperation. Chicago, IL: American Bar Association, Section of Public Contract Law, 1997.
"Creating Competition Policy: Betty Bock and the Development of Antitrust Institutions." 66 Antitrust Law Journal 231-245 (1997).
"Getting Started: Creating New Competition Policy Institutions in Transition Economics." 23 Brooklyn Journal of International Law 403-453 (1997).
"Predatory Pricing Standards and Competition in Postal Areas." in Diffusion of New Regulatory Approaches to Postal Services 67, edited by Ulrich Stumpf and Monica Plum. Bad Honnif: Wissenschaftliches Institut feur Kommunikationsdienste, 1997.
"The Quality of Appointments and the Capability of the Federal Trade Commission." 49 Administrative Law Review 915 (1997).
(with Thorpe, Robert S.). "Antitrust and the Evolution of a Market Economy in Mongolia." in De-Monopolization and Competition Policy in Post-Communist Economies 89, edited by Ben Slay. Boulder, CO: Westview Press, 1996.
"Commissions, Courts and the Access Pricing Problem." in Pricing and Regulatory Innovations under Increasing Competition 53, edited by Michael A. Crew. Boston: Kluwer, 1996.
"Downsizing Antitrust: Is it Time to End Dual Federal Enforcement?" 41 Antitrust Bulletin 505-540 (1996).
"The Competition Policy Entrepreneur and Law Reform in Formerly Communist and Socialist Countries." 11 American University Journal of International Law & Policy 437-474 (1996).
"Whistleblower Bounty Lawsuits as Monitoring Devices in Government Contracting." 29 Loyola of Los Angeles Law Review 1799-1857 (1996).
"Accounting for Regulation in Determining the Application of Antitrust Rules to Firms Subject to Public Utility Oversight." 40 Antitrust Bulletin 483-499 (1995).
"Designing and Implementing Competition and Consumer Protection Reforms in Transitional Economies: Perspectives from Mongolia, Nepal, Ukraine, and Zimbabwe." 44 DePaul Law Review 1197-1224 (1995).
(with Graham, Neil E.). "Determining Constraints on Pricing." in The Strategy and Tactics of Pricing 360, edited by Thomas T. Nagle and Reed K. Holden. Englewood Cliffs, NJ: Prentice Hall, 1995.
"Expanded Antitrust Scrutiny Requires Greater Caution." 30 The Procurement Lawyer no. 3, p. 23 (Spring, 1995).
"Post-Appointment Preference Shaping and its Influence on Judicial Analysis of Economic Regulation Issues." in Commercialization of Postal and Delivery Services: National and International Perspectives 93, edited by Michael A. Crew and Paul R. Kleindorfer. Boston, MA: Kluwer, 1995
"Procurement Reform and the Choice of Forum in Bid Protest Disputes." 9 Administrative Law Journal of the American University 461-513 (1995).
"Public Choice and the Origins of Antitrust Policy." in The Causes and Consequences of Antitrust: The Public Choice Perspective 243, edited by Fred S. McChesney and William F. Shughart III. Chicago: University of Chicago Press, 1995.
"The Application of Legal Safeguards against Predation to the Postal Service Industry." in Commercialization of Postal and Delivery Services: National and International Perspectives 45, edited by Michael A. Crew and Paul R. Kleindorfer. Boston, MA: Kluwer, 1995.
"Competition Policy, Rivalries, and Defense Industry Consolidation." 8 Journal of Economic Perspectives 91 (1994).
(with Larson, Alex and Douglas Mudd). "Competitive Access Issues and Telecommunications Regulatory Policy." 20 Journal of Contemporary Law 419-477 (1994).
"The Changing Equilibrium of Antitrust Policy." in II The Antitrust Impulse: An Economic, Historical and Legal Analysis 575, edited by Theodore P. Kovaleff. Armonk, NY: M.E. Sharpe, 1994.
"The Law and Economics of Privacy: Applications to Regulated Industries." in Incentive Regulation for Public Utilities 113, edited by Michael A. Crew. Boston: Kluwer, 1994.
"Comment: Perennial Gales and the International Mail." in Regulation and the Nature of Postal and Delivery Services 217, edited by Michael A. Crew and Paul R. Kleindorfer. Boston: Kluwer, 1993.
"Judicial Appointments and the Future of Antitrust Policy." 7 Antitrust 8 (Spring 1993).
"The Identification and Proof of Horizontal Agreements under the Antitrust Laws." 38 Antitrust Bulletin 5-81 (1993).
"Competition Policy, Economic Development, and Transition to Free Markets in the Third World: The Case of Zimbabwe." 61 Antitrust Law Journal 253-265 (1992).
"The Antitrust Law and Economics of Essential Facilities in Public Utility Regulation." in Economic Innovations in Public Utility Regulation 1, edited by Michael A. Crew. Boston: Kluwer, 1992.
"The Effect of Government Involvement." in Antitrust Law Developments (Third) 963-1016. Chicago, IL: American Bar Association, 1992.
"The Influence of Economics on Antitrust Law." 30 Economic Inquiry 294 (1992).
(with DeSanti, Susan S.). "Matsushita: Its Construction and Application by the Lower Courts." 59 Antitrust Law Journal 609-653 (1991).
"Blue Ribbon Defense Commissions: The Acquisition of Major Weapons Systems." in Arms, Policy, and the Economy: Historical and Contemporary Perspectives 61, edited by Robert Higgs. New York: Holmes & Meier, 1990.
"Commitment in Regulation: Defense Contracting and Extensions to Price Caps." 3 Journal of Regulatory Economics 219-240 (1991).
"Merger Policy in a Declining Defense Industry." 36 Antitrust Bulletin 543-592 (1991).
"Reagan's Judicial Appointees and Antitrust in the 1990's." 60 Fordham Law Review 49-124 (1991).
"Regulatory Controls as Barriers to Entry in Government Procurement." 25 Policy Sciences 29 (1991).
"The Reagan Judiciary and Environmental Policy: The Impact of Appointments to the Federal Courts of Appeals." 18 Boston College Environmental Law Review 669-713 (1991).
"Antitrust Analysis of Joint Ventures and Teaming Arrangements involving Government Contractors." 58 Antitrust Law Journal 1059-1115 (1990).
"Antitrust and Competitiveness: Is Legislation to Exempt Production Joint Ventures Necessary?" in Proceedings of the New York State Bar Association Antitrust Law Symposium 66 (Jan. 16, 1990).
"Comments and Observations on the Sherman Act: The First Century." 59 Antitrust Law Journal 119-130 (1990).
"Government Support for Research and Development." in The Shrinking Industrial Base: Restructuring the Defense Industry and Ensuring American Competitiveness for the 1990's. (Annual Meeting Program, American Bar Association, Section of Public Contract Law, August 1990).
(with Larson, Alex). "Predatory Pricing Safeguards in Telecommunications Regulation: Removing Impediments to Competition." 35 St. Louis University Law Journal 1-38 (1990).
"The Antitrust Paradox Revisited: Robert Bork and the Transformation of Modern Antitrust Policy." 36 Wayne Law Review 1413-1471 (1990).
"The Sorcerer's Apprentice: Public Regulation of the Weapons Acquisition Process." in Arms, Policy, and the Economy: Historical and Contemporary Perspectives 104, edited by Robert Higgs. New York: Holmes & Meier, 1990.
"Congress and the Federal Trade Commission." 57 Antitrust Law Journal 869-905 (1989).
"Failed Expectations: The Troubled Past and Uncertain Future of the Sherman Act as a Tool for Deconcentration." 74 Iowa Law Review 1105-1130 (1989).
"Federal Antitrust Enforcement in the Reagan Administration: Two Cheers for the Disappearance of the Large Firm Defendant in Nonmerger Cases." 12 Research in Law & Economics 173-206 (1989).
(with Burnett, William B.). "Reform of United States Weapons Acquisition Policy: Competition, Teaming Arrangements, and Dual-Sourcing." 6 Yale Journal on Regulation 249-317 (1989).
"Built to Last? The Antitrust Legacy of the Reagan Administration." 35 Federal Bar News 244-250 (June 1988).
"Federal Regulation of Business: Antitrust and Environmental Law." in Significant Business Decisions of the Supreme Court, 1986-1987 Term 57, edited by Henry M. Butler, William Fischel & William E. Kovacic. Washington, DC: Washington Legal Foundation, 1988.
"Illegal Agreements with Competitors." in Tales from Toronto. (Annual Meeting Program, American Bar Association, Section of Public Contract Law, August 1988).
"Illegal Agreements with Competitors." 57 Antitrust Law Journal 517-541 (1988).
"Public Choice and the Public Interest: Federal Trade Commission Antitrust Enforcement during the Reagan Administration." 33 Antitrust Bulletin 467-504 (1988).
(with Burnett, William B.). "Teaming Arrangements and the Acquisition Process." Defense News 24 (November 27, 1987).
"The Analysis of Mergers in Industries Subject to Rapid Technological Change." in Manual on the Economics of Antitrust Law 7-1. Chicago, IL: American Bar Association, Section on Antitrust Law, Economics Committee, 1987.
"The Emerging Role of Competition in the Weapons Acquisition Process." 1 Antitrust and Trade Regulation Section Report no. 2. (Federal Bar Association, Summer 1987).
(with Miller, James C. III, Thomas F. Walton, and Jeremy A. Rabkin). "Industrial Policy: Reindustrialization through Competition or Coordinated Action?" 2 Yale Journal on Regulation 1-51 (1984).
"Antitrust." in 1 TMGT 340: The Business Government Relationship Reader 173, edited by William M. Wolff, Jr. Lexington, MA: Ginn Custom Publ., 1983
(with Hurwitz, James). "Judicial Analysis of Predation: The Emerging Trends." 35 Vanderbilt Law Review 63-157 (1982).
"The Federal Trade Commission and Congressional Oversight of Antitrust Enforcement." 17 Tulsa Law Journal 587-671 (1982).
Reprinted in Public Choice and Regulation: A View from Inside the Federal Trade Commission 63, edited by Robert Mackay, James C. Miller III, and Bruce Yandle. Stanford: Hoover Institution Press, 1987.
"An Analysis of the Commission's Response to Congressional Oversight of FTC Antitrust Enforcement." in Federal Trade Commission Competition Programs 1969-1980. Washington, DC: U.S. Federal Trade Commission, 1981.
(with Hurwitz, James D., Thomas Sheehan, and Robert H. Lande). "Current Legal Scholarship of Predation." in Strategy, Predation, and Antitrust Analysis 101, edited by Steven C. Salop. Washington, DC: Federal Trade Commission, Bureau of Economics, Bureau of Competition, 1981.
"The Instutitions of Antitrust Law: How Structure Shapes Substance." Review of The Institutional Structure of Antitrust Enforcement, by Daniel A. Crane. 110 Michigan Law Review 1019-1044 (2012).
"Prepared Statement of the Federal Trade Commission on the FTC's Regulatory Reform Program: Twenty Years of Systematic Retrospective Rule Reviews & New Prospective Initiatives to Increase Public Participation and Reduce Burdens on Business," U.S. Trade Commission before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce, 112th Cong. (2nd Sess., July 7, 2011).
Editor, Research in Law and Economics, v.17 (1995) to date. Greenwich, CT: JAI Press.
"The Competition Conundrum (Antitrust Policies of Presidential Candidates George W. Bush and Al Gore)." 23 American Lawyer 77 (2001).
"Is Uncle Sam too Easy a Mark? Bid Rigging on Government Contracts." 21 Legal Times no. 24, p. S42 (Nov. 2, 1998).
Recommended Action Plan for Implementing Georgia's Antimonopoly and Consumer Protection Laws. Center for Economic Policy and Reform, Analytical Report No. 9, May 1997.
(with Dunn, Karen Turner and Robert S. Thorpe). Analysis of Competition in Mongolia & Three Case Studies. University of Maryland, IRIS Center Country Report No. 14, 1994.
Antitrust and the Evolution of a Market Economy in Mongolia. Working Paper No. 97. College Park, MD: Center for Institutional Reform and the Informal Sector, 1994.
"Anti-Competitive Forces may Stir Anew." 15 National Law Journal no. 38, p. 19 (May 24, 1993).
"A Knack for Business: Breyer Would Fill a Void on the High Court." 107 Los Angeles Daily Journal no. 11, p. 41 (Aug. 2, 1993).
The Reagan Judiciary Examined: A Comparison of Environmental Law Voting Records of Carter and Reagan Appointees to the Federal Courts of Appeals. Working Paper Series No. 36. Washington, DC: Washington Legal Foundation, 1989.
"The Antitrust Paradox Revisited: Robert Bork and the Transformation of Modern Antitrust Policy. Working Paper Series No. 32. Washington, DC: Washington Legal Foundation, 1989.
The Reagan Judiciary Examined: A Comparison of Antitrust Voting Records of Carter and Reagan Appointees to the Federal Courts of Appeals. Working Paper Series No. 34. Washington, DC: Washington Legal Foundation, 1989.
(with Fullerton, Lawrence, et al.). Reliance on FTC Consumer Protection Law Precedents in other Legal Forums. Working Paper No. 1. Chicago, IL: American Bar Association, Section of Antitrust Law, 1988.
Permanence and Regulatory Change: The Longevity of Reagan Antitrust and Consumer Protection Policy at the Federal Trade Commmission. Working Paper Series No. 29. Washington, DC: Washington Legal Foundation, 1988.
"Armed Services Using Competition Strategy to Reduce Expenses." 10 Legal Times p. 14 (July 13, 1987).
"The Rules of Reason: D.C. Circuit Adopts Judge Bork's Analysis." 9 Legal Times p. 20 (Oct. 6, 1986).