Friday, October 27, 2017
John M. Connor, American Antitrust Institute (AAI) and Robert H. Lande, University of Baltimore - School of Law offer Comment on ‘The Empirical Basis for Antitrust: Cartels, Mergers, and Remedies’.
ABSTRACT: In this journal, James Langenfeld critically reviewed four of the present authors’ articles that analyze the size of cartel overcharges and their antitrust policy implications. In this comment, we explain why we believe Langenfeld errs in his criticism of our work. In particular, this comment discusses the variation in research quality of the sources used to compile a large sample of historical cartel overcharges; the advisability of trimming outliers or large estimates from the sample; alleged publication bias; why our 25% median estimate is much more likely to be correct than the US Sentencing Guideline’s 10% presumption; and the implications of the average cartel overcharges results for optimal deterrence and antitrust policy.