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University of Florida
Levin College of Law

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Friday, April 30, 2010

Against the Stand-Alone-Cost Test in U.S. Freight Rail Regulation

Posted by D. Daniel Sokol

Russ Pittman (DOJ) has posted a diatribe Against the Stand-Alone-Cost Test in U.S. Freight Rail Regulation.

ABSTRACT: The stand-alone-cost test has become an expensive, extensive, and time-consuming part of the regulatory practice of the U.S. Surface Transportation Board in the performance of its statutory duty to protect "captive shippers" from monopoly rail rates. Worse, a close examination of the history of its adoption and application suggests only a very tenuous connection with its claimed intellectual foundations, the classic works of Faulhaber (1975) and Baumol, Panzar, and Willig (1982). It is time to retire this tool and replace it with something simpler and more effective and transparent.

http://lawprofessors.typepad.com/antitrustprof_blog/2010/04/against-the-standalonecost-test-in-us-freight-rail-regulation.html

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Comments

"Diatribe" seems so harsh. I was thinking more "thoughtful analysis".

Posted by: Russell Pittman | May 3, 2010 1:57:25 PM

Russ,

You are correct. I wanted something splashy given that you correctly question a very bad methodology. How about Pittman admonishes against the stand alone cost test?

Posted by: D. Daniel Sokol | May 3, 2010 4:14:34 PM

Sounds good to me!

Posted by: Russell Pittman | May 4, 2010 5:44:26 AM

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