The American Antitrust Institute (AAI) and Cohen Milstein announce outstanding contributions to antitrust scholarship.
In recognition of his outstanding contribution to antitrust scholarship, the author listed below has been selected as recipient of the 23rd Annual Jerry S. Cohen Memorial Fund Writing Award:
- Daniel Francis, Assistant Professor of Law, NYU School of Law
The award will be presented during the gala luncheon at AAI’s 26th Annual Policy Conference on May 29, 2025 at the National Press Club in Washington, D.C.
Professor Francis will be honored for his article:
“Monopolizing by Conditioning,” 124 Colum. L. Rev. 1917 (2024). Professor Francis demonstrates that conditional dealing should be recognized as its own, separate form of monopolistic conduct. For too long, courts have attempted to squeeze conditioning into ill-fitting categories in existing monopolization law, leading to poor results. In his article, Professor Francis provides a new analytical framework for evaluating conditional dealing, including a definition of conditioning, as well as standards for gauging its exclusionary impact, contribution to power, and procompetitive justifications. Also, he explains why courts’ current criteria for evaluating claims based on conditional dealing should be jettisoned. Professor Francis’ article meaningfully advances our understanding of the harms that arise from monopolists’ conditional dealing, why the current legal regime has failed to confront those harms, and how to fix the problem
Professor Francis will receive a $12,500 prize and a specially commissioned and inscribed artwork by Lori Milstein, artist and daughter of Herb Milstein, co-founder of Cohen Milstein Sellers & Toll PLLC.
In addition, this year’s award selection committee conferred nine category awards recognizing numerous other outstanding contributions to antitrust scholarship in 2024:
- Best Antitrust Publication of 2024 on Burdens of Proof: Christopher R. Leslie, “False Analogies to Predatory Pricing,” 172 U. Pa. L. Rev. 329 (2024)
- Best Antitrust Publication of 2024 on Healthcare: Zarek Brot, Zack Cooper, Stuart V. Craig and Lev Klarnet, “Is There Too Little Antitrust Enforcement in the Hospital Sector?,” American Economic Review: Insights 6 (4): 526–42
- Best Antitrust Publication of 2024 on Merger Enforcement: Daniel Sokol & Sean Sullivan, “The Decline of Coordinated Effects Enforcement and How to Reverse It,” 76 Fla. L. Rev. 265 (2024)
- Best Antitrust Publication of 2024 on Noncompete Agreements: Michael Lipsitz & Mark J. Tremblay, “Noncompete Agreements and the Welfare of Consumers,” American Economic Journal: Microeconomics 16 (4): 112–53
- Best Antitrust Publication of 2024 on Non-Price Effects: Christopher R. Leslie, “Pharmacy Deserts and Antitrust Law,” 104 Boston L. Rev. 1593 (2024)
- Best Publication of 2024 on Antitrust and Intellectual Property: Christopher Buccafusco, Jonathan S. Masur, Mark P. McKenna, “Competition and Congestion in Trademark Law,” 102 Tex. L. Rev. 437 (2024)
- Best Publication of 2024 on Antitrust Remedies: Ian Ayres, C. Scott Hemphill, Abraham L. Wickelgren, “Shorting Your Rivals: Negative Ownership as an Antitrust Remedy,” 86 Antitrust L.J. 317 (2024)
- Best Publication of 2024 on Labor Antitrust: Eric Posner, “The New Labor Antitrust,” 86 Antitrust L.J. 503 (2024)
- Best Antitrust Student Publication of 2024: Frank Schulze, “Old, Not Odd: Running Laches Against the States and the Future of Antitrust After New York v. Meta Platforms,” 123 Mich. L. Rev. 111 (2024)
This year’s award selection committee consisted of Zachary Caplan, Shareholder at Berger Montague; Warren Grimes, Professor of Law at Southwestern Law School; John Kirkwood, Professor of Law at Seattle University School of Law; Roger Noll, Professor Emeritus of Economics at Stanford University; Leslie Marx, Professor of Economics at Duke Fuqua School of Business; Robert Lande, Emeritus Professor of Law at University of Baltimore School of Law; Daniel H. Silverman, Partner at Cohen Milstein; and Daniel A. Small, Of Counsel at Cohen Milstein.
About the Award
The Jerry S. Cohen Memorial Fund Writing Award was created through a trust established in memory of Jerry S. Cohen, an outstanding trial lawyer and antitrust scholar. The award is administered by the law firm he founded, Cohen Milstein Sellers & Toll PLLC.
The award honors the best antitrust writing published during the prior year that is consistent with the values that animated Jerry S. Cohen’s professional life – a genuine concern for economic justice, the dispersal of economic power, effective limitations upon economic power, and the vigorous enforcement of the antitrust laws.
About Cohen Milstein
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people – workers, consumers, small business owners, investors, and whistleblowers – working to deliver corporate reforms and fair markets for the common good. For more information, visit www.cohenmilstein.com or call (202) 408-4600.
About the American Antitrust Institute
AAI is an independent, nonprofit organization devoted to promoting competition that protects consumers, businesses, and society. AAI serves the public through research, education, and advocacy on the benefits of competition and the use of antitrust enforcement as a vital component of national and international competition policy. For more information, visit www.antitrustinstitute.org or call (202) 828-1226.
