A Revolution Ignored?
Date | 01 December 2020 |
DOI | 10.1177/0003603X20950228 |
Published date | 01 December 2020 |
The Antitrust Bulletin
2020, Vol. 65(4) 606–607
A Revolution Ignored?
ª The Author(s) 2020
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DOI: 10.1177/0003603X20950228
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Shubha Ghosh*
Abstract
Celebrating The Antitrust Revolution, the author points to the diverse range of methodologies that the
research volume consistently brings together. Courts and advocates need to pay more attention to
this important series.
Keywords
economics, methodology, legal advocacy
For a book with the word revolution in its title, Kwoka and White’s book has been cited only twice by
either a state or a federal court: once by the Seventh Circuit in 2002 on the matter of facilitating
practices, a theory not raised in the suit against brand name prescription drugs,1 and once again by the
Eleventh Circuit in 2002 per a dissenting judge urging en banc review in a case involving telephony.2
Some revolution, you might say. Actually, this is a badge of honor. The antitrust revolution shall not be
cited or televised. But the scholarship promoted throughout the seven editions of The Antitrust Rev-
olution has raised the standard for effective economic research in support of legal advocacy. Court
citations need to catch up with scholarship.
Kwoka and White’s volumes have served teachers, researchers, and antitrust attorneys equally well.
Its chapters work effectively in a law classroom to expose students to sensible economic analysis.
Without a fail, contributors have shared important research findings at the intersection of legal reason-
ing and economic analysis. Antitrust attorneys find in the chapters useful guidance on how to frame
economically minded legal theories and to present the relevant economic evidence. I personally have
eagerly anticipated each new volume.
For me, I admire the methodological mash-ups provided by the volumes. Neoclassical economics
and contemporary game theory combine with statistical analysis and institutional detail to inform legal...
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