Professor Einer R. Elhauge

Petrie Professor of Law

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Books

Statutory Default Rules: How to Interpret Unclear Legislation
(Harvard University Press 2008)

United States Antitrust Law & Economics
(Foundation Press 2008)

Global Antitrust Law & Economics
(Foundation Press 2007)

Global Competition Law & Economics
(Hart Press 2007)

AREEDA, ELHAUGE & HOVENKAMP, VOL X, ANTITRUST LAW
(Little, Brown 1996)

 

Articles

Robust Exclusion Through Loyalty Discounts
(Harvard Law School John M. Olin Center for Law, Economics and Business Discussion Paper Series. Paper 662, January 2010)

Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory
(Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harvard Law Review 397, 2009)

Why the Google Books Settlement is Procompetitive
(Harvard Law School John M. Olin Center for Law, Economics and Business Discussion Paper Series. Paper 646, August 2009, Revised December 30, 2009. forthcoming in the Journal of Legal Analysis)

Framing the Antitrust Issues in the Google Books Settlement
(Global Competition Pol’y, October 2009 Release 2)

Disgorgement as an Antitrust Remedy
(76 Antitrust Law Journal 79, 2009)

How Loyalty Discounts Can Perversely Discourage Discounting
(Journal of Competition Law & Economics, Volume 5, Number 2, 189–231, March 17, 2009)

Do Patent Holdup and Royalty Stacking Lead to Systematically Excessive Royalties?
(4 Journal of Competition Law & Economics, 535, 2008)

How Should Competition Law Be Taught?
(4 Competition Policy International 267 Spring 2008)

Harvard, Not Chicago: Which Antitrust School Drives Recent Supreme Court Decisions?
(Competition Policy International, Volume 3, Number 2, Autumn 2007, pages 59-77)

Can Health Law Become a Coherent Field of Law?
(Wakeforest Law Review, Volume 41, Number 2, Summer 2006, pages 365-390)

Sacrificing Corporate Profits in the Public Interest
(NYU Law Review, Volume 80, Number 3, June 2005, pages 733-869)

Defining Better Monopolization Standards
(Stanford Law Review, Volume 56, Number 2, November 2003, pages 253-344)

Why Above-Cost Price Cuts to Drive Out Entrants Are Not Predatory - And the Implications for Defining Costs and Market Power
(Yale Law Journal, Volume 112, No. 4, January 2003, pages 681-827)

Preference-Estimating Statutory Default Rules
(Columbia Law Review, Volume 102, No. 8, December 2002, pages 2027-2161)

Preference-Eliciting Statutory Default Rules
(Columbia Law Review, Volume 102, No. 8, December 2002, pages 2162-2290)

The Lessons of Florida 2000
(110 Policy Review 15-36, Dec 2001-Jan 2002)

What Term Limits Do That Ordinary Voting Cannot,
(Cato Policy Analylsis, No. 328, December 16, 1998)

The Limited Regulatory Potential of Medical Technology Assessment,
(Virginia Law Review, Vol. 82 pg. 1525, 1997)

Are Term Limits Undemocratic?,
(University of Chicago Law Review, Vol. 64 pg 83, 1997)

Elhauge, Lott & Manning, How Term Limits Enhance the Expression Of Democratic Preferences,
(Supreme Court Economic Review, Vol. 5 pg 59, 1997)

Allocating Health Care Morally
(82 California Law Review 1449, December 1994)

Toward a European Sale of Control Doctrine,
(American Journal of Comparative Law, Vol. 41 pg 627, 1993)

Bundy & Elhauge, Knowledge About Legal Sanctions
(Michigan Law Review, Vol. 92 pg 261, 1993)

The Triggering Function of Sale of Control Doctrine
(University of Chicago Law Review, Vol. 59 pg 1465, 1992)

Making Sense of Antitrust Petitioning Immunity
(California Law Review, Vol. 80 pg 1177, 1992)

Do Lawyers Improve the Adversary System? A General Theory of Litigation Advice and Its Regulation
(California Law Review, Vol. 79 pg 313, 1991)

The Scope of Antitrust Process
(Harvard Law Review, Vol. 104 pg 668, 1991)

Does Interest Group Theory Justify More Intrusive Judicial Review?
(Yale Law Journal, Vol. 101 pg 31, 1991)

Professional Writings

Antitrust Analysis of GPO Exclusionary Agreements
(Comments Regarding Hearings on Health Care and Competition Law and Policy - Statement for DOJ-FTC Hearing on GPO's - Sept. 26, 2003)

Amicus Brief in Partisan Gerrymandering Case Before Supreme Court
(Brief Amicus Curiae of Democratic Pennsylvania Voters Joann Erfer and Jeffrey B. Albert in Support of Apellants in Vieth v. Jubilirer)

The Exclusion of Competition for Hospital Sales Through Group Purchasing Organizations
(report to U.S. Senate)

Tunney Act Comments of Professor Einer Elhauge on the Proposed Settlement between the United States and Microsoft

Media Writings

"Coverage vs Coercion" The Huffington Post (March 3, 2008)

"Rewire This Circuit" The Wall Street Journal, A26 (Sept. 17, 2003)

"Soft on Microsoft," The Weekly Standard (March 25, 2002)

"Despite What the Critics Say, it Wasn't a Bag Job," Boston Globe (March 3, 2002)

"Florida 2000: Bush Wins Again!," Weekly Standard (November 26, 2001 )

"State Made The Right Call On Microsoft," The Hartford Courant (Nov. 9, 2001)

"States Should Seek More From Microsoft," San Francisco Chronicle (Nov. 6, 2001)

"A Smart Move on Microsoft," Boston Globe (Sept. 11, 2001)

"Competition Wins in Court," New York Times, (June 30, 2001)

"Bush v. Florida," New York Times, A31 (Nov. 20, 2000)

"Florida's Vote Wasn't 'Irregular,'" Wall Street Journal (Nov. 13, 2000)

"The New 'New Property'," San Francisco Chronicle (Nov. 6, 2000)

"The Real Problem with Independent Counsels," The Washington Times, A19 (Jun 30, 1999)

"Foul Smoke," The Washington Post, A15 (August 4, 1998)

"The Court Failed My Test," The Washington Times, A-19 (July 10, 1998)

"Microsoft Gets an Undeserved Break," The New York Times,A21 (June 29, 1998)

"Medi-Choice," The New Republic, 24 (November 13,1995)

"Term Limits: Voters Aren't Schizophrenic," Wall Street Journal, A-16 (March 14, 1995)