Jonathan B. Baker was awarded the Jerry S. Cohen Award for Antitrust Scholarship today at the American Antitrust Institute's Annual Conference. 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 the law firm he founded, Cohen Milstein Sellers & Toll. The award is given each year to the best antitrust writing during the prior year that is consistent with the following standards established by the Board of Trustees of the Jerry S. Cohen Memorial Fund.
Baker's winning article “Taking the Error Out of ‘Error Cost’ Analysis: What's Wrong with Antitrust's Right,” 80 Antitrust L.J. 1 (2015) catalogs a series of erroneous assumptions about the current competition policy environment made by today’s antitrust conservatives. These errors inappropriately tilt the application of a neutral economic tool, decision theory, toward non-interventionist outcomes.
To be considered eligible and selected for the Award, submissions should reflect a concern for principles of economic justice, the dispersal of economic power, the maintenance of effective limitations upon economic power or the federal statutes designed to protect society from various forms of anticompetitive activity. Submissions should reflect an awareness of the human and social impacts of economic institutions upon individuals, small businesses and other institutions necessary to the maintenance of a just and humane society--values and concerns Jerry S. Cohen dedicated his life and work to fostering. Submissions may address substantive, procedural or evidentiary matters that reflect these values and concerns.
The award selection committee has conferred four category awards, as follows:
- Best Antitrust Book: John Kwoka, Mergers, Merger Control, and Remedies: A Retrospective Analysis (2015), for an extension of the work published in his 2014 Jerry S. Cohen Award winning article, “Does Merger Control Work? A Retrospective on U.S. Enforcement Actions and Merger Outcomes,” 78 Antitrust L.J. 619 (2015).
- Best Private Enforcement Article: Mark A. Lemley & Christopher R. Leslie, “Antitrust Arbitration and Illinois Brick,” 100 Iowa L. Rev. 2115 (2015)
- Best Merger Analysis Article: Peter C. Carstensen, “The Philadelphia National Bank Presumption: Merger Analysis in an Unpredictable World,” 80 Antitrust L.J. 219 (2015)
- Best Antitrust and Intellectual Property Article: Josh Lerner & Jean Tirole, “Standard-Essential Patents,” 123 J. Pol. Econ. 547 (2015)
The award committee consisted of Warren Grimes, Robert Lande, Jack Kirkwood, Roger Noll, Christopher Leslie, and Zachary Caplan.