Harvard Law School Professor Einer Elhauge ’86 has been selected to receive the Jerry S. Cohen Award for Antitrust Scholarship for his article “Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory” (123 Harvard Law Review 397, 2009). He will receive the award during the American Antitrust Institute’s annual conference on June 24.
In “Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory,” Elhauge demonstrates that tying—the practice whereby a firm conditions the sale of one product on the customer’s agreement to purchase another product from that firm—harms consumers absent offsetting efficiencies. Disagreeing with widely held views, Elhauge says that current antitrust law is correct to condemn ties with market power that lack such offsetting efficiencies, even when they do not foreclose a substantial share of the tied product’s market.
An expert in antitrust, contract, and healthcare law, Elhauge is the author or co-author of four major books: “Statutory Default Rules” (Harvard University Press, 1st ed. 2008); “United States Antitrust Law & Economics”(Foundation Press, 2008); “Global Competition Law & Economics” (Foundation Press, 2007, with Damien Geradin); and “Antitrust Law” (Little, Brown, 10th ed. 1996, with P. Areeda and H. Hovenkamp). His newest new book, “The Fragmentation of U.S. Health Care,” was published in February.
Elhauge served as chairman of the Antitrust Advisory Committee for the Obama campaign and is the founding director of the Petrie-Flom Center for Health Law Policy, Biotechnoloy, and Bioethics. In addition to his J.D. from HLS, he holds an A.B. from Harvard College.
The Jerry S. Cohen Award for Antitrust Scholarship was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer. It is administered by his former law firm, Cohen Milstein Sellers & Toll.
The committee that selected the best antitrust scholarship of 2009 included: Eleanor Fox, a professor at New York University School of Law; Warren S. Grimes, a professor at Southwestern Law School; Ann C. Yahner ’79, administrative law judge for the District of Columbia; Charles P. Goodwin, partner at Berger & Montague; Daniel A. Small, partner at Cohen Milstein Sellers & Toll; Robert H. Lande ’77, professor at the University of Baltimore School of Law; and Roger Noll, professor of economics emeritus, Stanford University.