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«JONATHAN B. BAKER (202) 274-4315 (w); jbaker FIELDS OF SPECIALIZATION antitrust law, economics and policy; regulatory law, economics ...»

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(202) 274-4315 (w); jbaker@wcl.american.edu



antitrust law, economics and policy; regulatory law, economics and policy


Washington College of Law, American University

Professor of Law, September 2002 to present

Associate Professor of Law, January 1999 to August 2002 Elizabeth Payne Cubberly Scholar, 2008 University Faculty Award for Outstanding Scholarship, Research, and Other Professional Accomplishments, April 2004 Egon Guttman Casebook Award, April 2004 Federal Communications Commission Chief Economist, August 2009 to May 2011 Senior Economist for Transactions, June 2011 to November 2011 New York University School of Law Visiting Professor of Law, January 2010 to June 2010 European Commission, Competition Directorate-General Visitor, June 2005 to July 2005 Federal Trade Commission Director, Bureau of Economics, April 1995 to December 1998 Award for Distinguished Service, October 1998 Consultant (on merger policy), 2002 to May 2004 Council of Economic Advisers, Executive Office of the President Senior Economist, June 1993 to April 1995 (regulation, industrial organization and law) Antitrust Division, U.S. Department of Justice Special Assistant to the Deputy Assistant Attorney General for Economics, May 1991 to June 1993 Director of Litigation Studies, Economic Analysis Group, September 1990 to June 1993 Georgetown University Law Center Adjunct Professor of Law, September 1990 to June 1995 Duke University School of Law Olin Lecturing Fellow (visiting professor), August 1992 to December 1992 The Amos Tuck School of Business Administration, Dartmouth College Assistant Professor of Business Administration, September 1986 to August 1990 leave of absence, September 1990 to July 1992 Federal Trade Commission Attorney Advisor to the Acting Chairman and Office of the Commissioner October 1985 to July 1986 Foley & Lardner (Washington, D.C.) Attorney, June 1982 to September 1985


Ph.D. in economics, Stanford University, 1986 J.D., Harvard University, 1982 M.A. in economics, Stanford University, 1978 A.B., magna cum laude, Harvard University, 1977


Taking the Error Out of AErro

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The Competitive Consequences of Most-Favored-Nation Provisions Antitrust vol. 27, pp. 20-26, 2013 (with Judith A. Chevalier) Evaluating Merger Enforcement During the Obama Administration Stanford Law Review Online vol. 65, pp. 28-34, Aug. 2012 (with Carl Shapiro) Research Topics in Unilateral Effects Analysis in Einer Elhague, ed., Research Handbook on the Economics of Antitrust Law, 2012 (forthcoming) working paper available at http://ssrn.com/abstract=1504863 (with David Reitman) The Year in Economics at the FCC, 2010-11: Protecting Competition Online Review of Industrial Organization vol. 39, pp. 297-309, 2011 (with Mark Bykowsky, Patrick DeGraba, Paul LaFontaine, Eric Ralph & William Sharkey) Comcast/NBCU: The FCC Provides a Roadmap for Vertical Merger Analysis Antitrust vol. 25, pp. 36-42, 2011 Merger Simulation in an Administrative Context Antitrust Law Journal vol. 77, pp. 451-72, 2011 Sector-Specific Competition Enforcement at the FCC New York University Annual Survey of American Law vol. 66, pp. 413-20, 2011 The Year in Economics at the FCC: A National Plan for Broadband Review of Industrial Organization vol. 37, pp. 279-90, 2010 (with Paul de Sa) revised and reprinted in Soumitra Dutta & Irene Mia, eds., The Global Information Technology Report 2010-2011, World Economic Forum, available at http://reports.weforum.org/global-information-technologyreport/ Preserving a Political Bargain: The Political Economy of the Non-Interventionist Challenge to Monopolization Enforcement Antitrust Law Journal vol. 76, pp. 605-52, 2010 Market Concentration in the Antitrust Analysis of Horizontal Mergers in Keith Hylton, ed, Antitrust Law & Economics, 2010, pp. 234-60 corrected in working paper available at http://ssrn.com/abstract=1092248 “Dynamic Competition” Does Not Excuse Monopolization Competition Policy International, vol. 4, No. 2., pp. 243-51, 2008 technical appendix available at http://ssrn.com/abstract=1285223 Turning On Itself: How Dueling Agencies In The Bush Administration Made Mincemeat Of Antitrust Regulation Policy The New Republic (on-line), Sept. 15, 2008 http://www.tnr.com/politics/story.html?id=97981a77-c668-421b-947aa8282ca3b121 Detecting and Reversing the Decline in Horizontal Merger Enforcement Antitrust vol. 22, pp. 29-36, 2008 (with Carl Shapiro) Merger to Monopoly to Serve a Single Buyer: Comment Antitrust Law Journal vol. 75, pp. 637-46, 2008 (with Joseph Farrell and Carl Shapiro) Reinvigorating Horizontal Merger Enforcement

in Robert Pitofsky, ed.,Where the Chicago School Overshot the Mark:

Effect of Conservative Economic Analysis on U.S. Antitrust, 2008, pp. 235-91 (with Carl Shapiro) Economic Evidence in Antitrust: Defining Markets and Measuring Market Power in Paolo Buccirossi, ed., Handbook of Antitrust Economics, 2008, pp. 1-42 (with Timothy F. Bresnahan) Beyond Schumpeter Vs. Arrow: How Antitrust Fosters Innovation Antitrust Law Journal vol. 74, pp. 575-602, 2007 A Turning Point in Merger Enforcement: Federal Trade Commission v. Staples in Daniel A. Crane & Eleanor M. Fox, eds., Antitrust Stories, 2007, pp. 311-330 (with Robert Pitofsky) Market Definition: An Analytical Overview Antitrust Law Journal vol. 74, pp. 129-73, 2007 revised and reprinted in ABA Section of Antitrust Law, Issues in Competition Law and Policy, 2008, pp. 315-52

Empirical Methods in Merger Analysis:

Econometric Analysis of Pricing in FTC v. Staples International Journal of the Economics of Business vol. 13, pp. 265-79, 2006 (with Orley Ashenfelter, David Ashmore, Suzanne Gleason & Daniel S.

Hosken) reprinted in George Norman, ed., Recent Developments in Monopoly and Competition Policy, 2008 Competition Policy as a Political Bargain Antitrust Law Journal vol. 73, pp. 483-530, 2006 My Summer Vacation at the European Commission Antitrust Source September 2005 (available at http//www.abanet.org/antitrust/source/) Two Modern Antitrust Moments: A Comment on Fenton and Kwoka Antitrust Law Journal vol. 72, pp.1029-37, 2005 Roundtable Discussion: Unilateral Effects after Oracle Antitrust vol. 19, pp. 8-19, Spring 2005 (Moderator) Why Did the Antitrust Agencies Embrace Unilateral Effects?

George Mason University Law Review, vol. 12, no. 1, pp. 31-38, Fall 2003 The Case for Antitrust Enforcement Journal of Economic Perspectives vol. 17, pp. 27-50, Fall 2003 (and Comment, Journal of Economic Perspectives, vol. 19, p.243, Fall 2003) reprinted in George Norman, ed., Recent Developments in Monopoly and Competition Policy, 2008 Responding to Developments in Economics and the Courts: Entry in the Merger Guidelines Antitrust Law Journal vol. 71, pp. 189-206, 2003 Efficiencies and High Concentration: Heinz Proposes to Acquire BeechNut (2001) in John E. Kwoka, Jr. and Lawrence J. White, eds., The Antitrust Revolution (4th ed. 2004), pp. 150-69 (updated with postscript in 5th ed. 2008) Competitive Price Discrimination: The Exercise of Market Power Without Anticompetitive Effects (Comment on Klein and Wiley) Antitrust Law Journal vol. 70, pp. 643-54, 2003 Economist’s Roundtable Antitrust vol. 17, pp. 8-18, Spring 2003 (Moderator) Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy Thomson West, American Casebook Series 1st ed. 2002 & 2d ed. 2008 (with Andrew I. Gavil and William E. Kovacic) Mavericks, Mergers, and Exclusion: Proving Coordinated Competitive Effects Under the Antitrust Laws New York University Law Review vol. 77, pp. 135-203, April 2002 reprinted in Benjamin Klein & Andres V. Lerner, eds., Economics of Antitrust Law, 2008 Horizontal Merger Analysis Grows Up: A Review of Chapter 5 of Richard Posner’s Antitrust Law (2d ed. 2001) The Antitrust Source, January 2002 New Horizons in Cartel Detection George Washington Law Review vol. 69, pp. 824-28, October/December 2001 Ill-Gotten Gains: Toothless Settlement Lets Microsoft Keep Rewards of Monopolization Legal Times, November 12, 2001, p. 51 (with Andrew I. Gavil) Should Concentration be Dropped from the Merger Guidelines?

in ABA Antitrust Section Task Force Report Perspectives on Fundamental Antitrust Theory pp. 339-54, July 2001 reprinted in University of West Los Angeles Law Review vol. 33, pp. 3-16, 2001 (with Steven C. Salop) A Preface to Post-Chicago Antitrust in Roger van den Bergh, Roberto Pardolesi and Antonio Cucinotta, eds., Post Chicago Developments in Antitrust Analysis, 2002, pp. 60-75 Can Antitrust Keep Up? Competition Policy in High-Tech Markets Brookings Review, Winter 2001, pp. 16-19 Editor’s Note: Antitrust at the Millennium (Part II) Antitrust Law Journal vol. 68, no.3, pp. 621-24, 2001 Stepping Out in an Old Brown Shoe: In Qualified Praise of Submarkets Antitrust Law Journal vol. 68, no. 1, pp. 203-218, 2000 Editor’s Note: Antitrust at the Millennium (Part I) Antitrust Law Journal vol. 68, no.1, pp. 1-3, 2000

Empirical Methods in Antitrust Litigation:

Review and Critique American Law and Economics Review vol. 1, no. 1/2, pp. 386-435, 1999 (with Daniel L. Rubinfeld) Law Leans Toward Joel Klein Legal Times, October 25, 1999, p. 40 Entry and Competition in the U.S. Airline Industry: Issues and Opportunities Special Report 255, Transportation Research Board, National Research Council, July 1999 (with other members of the Committee for a Study of Competition in the U.S. Airline Industry) Promoting Innovation Competition Through the Aspen/Kodak Rule George Mason University Law Review, vol. 7, no. 3, pp. 495-521, Spring 1999 Econometric Analysis in FTC v. Staples Journal of Public Policy & Marketing vol. 18, no 1., pp. 11-21, Spring 1999 Policy Watch: Developments in Antitrust Economics Journal of Economic Perspectives vol. 13, no. 1., pp. 181-94, Winter 1999 From Open Access to Convergence Mergers: An Antitrust Perspective on the Transition to Electricity Competition Power, vol. 3, no. 1, pp. 3-8, Winter 1998 (with John C. Hilke) "Continuous" Regulatory Reform at the Federal Trade Commission Administrative Law Review vol. 49, pp. 859-874, Fall 1997 Contemporary Empirical Merger Analysis George Mason University Law Review vol. 5, pp. 347-61, Spring 1997 Unilateral Competitive Effects Theories in Merger Analysis Antitrust, vol. 11, no. 2, pp. 21-26, Spring 1997 Product Differentiation Through Space and Time: Some Antitrust Policy Issues The Antitrust Bulletin vol. 42, pp. 177-96, Spring 1997 The Problem with Baker Hughes and Syufy: On the Role of Entry in Merger Analysis Antitrust Law Journal vol. 65, pp. 353-74, Winter 1997 Identifying Horizontal Price Fixing in the Electronic Marketplace Antitrust Law Journal vol. 65, pp. 41-55, Fall 1996 Vertical Restraints with Horizontal Consequences: Competitive Effects of "Most-Favored-Customer" Clauses Antitrust Law Journal vol. 64, pp. 517-34, Spring 1996 Fringe Firms and Incentives to Innovate Antitrust Law Journal vol. 63, pp. 621-41, Winter 1995 Predatory Pricing After Brooke Group: An Economic Perspective Antitrust Law Journal vol. 62, pp. 585-603, Spring 1994 reprinted in Andrew Gavil, ed., An Antitrust Anthology, 1996 Two Sherman Act Section 1 Dilemmas: Parallel Pricing, the Oligopoly Problem, and Contemporary Economic Theory The Antitrust Bulletin, vol. 38, pp. 143-219 Spring 1993 reprinted in Benjamin Klein & Andres V. Lerner, eds., Economics of Antitrust Law, 2008 Empirical Methods of Identifying and Measuring Market Power Antitrust Law Journal vol. 61, pp. 3-16, Summer 1992 (with Timothy F. Bresnahan) reprinted in Benjamin Klein & Andres V. Lerner, eds., Economics of Antitrust Law, 2008 Entry Analysis Under the 1992 Horizontal Merger Guidelines Antitrust Law Journal vol. 61, pp. 139-46, Summer 1992 (with Janusz A. Ordover) Per Se Rules in the Antitrust Analysis of Horizontal Restraints The Antitrust Bulletin vol. 36, pp. 733-43, Winter 1991

Identifying Cartel Policing Under Uncertainty:

The U.S. Steel Industry 1933-1939 Journal of Law and Economics vol. 32:2, pt. 2, pp. S47-S76, October 1989 Recent Developments in Economics that Challenge Chicago School Views Antitrust Law Journal vol. 58:2, pp. 645-655, 1989 Book Review Larner & Meehan, eds., Economics and Antitrust Policy The Antitrust Bulletin vol. 34, pp. 919-930, Winter 1989 The Antitrust Analysis of Hospital Mergers and the Transformation of the Hospital Industry Law and Contemporary Problems vol. 51:2, pp. 93-164, Spring 1988 Vertical Restraints Among Hospitals, Physicians, and Health Insurers that Raise Rivals' Costs American Journal of Law & Medicine vol. 14, pp. 385-408, 1988 Private Information and the Deterrent Effect of Antitrust Damage Remedies Journal of Law, Economics and Organization vol. 4, pp. 385-408, 1988

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The Great Net Neutrality Debate: Should the FCC Ban Paid Prioritization?

Nov. 20, 2014 (video available at http://techfreedom.org/post/102369660044/thegreat-net-neutrality-debate-should-the-fcc-ban)

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Exclusionary Conduct of Dominant Firms, R&D Competition, and Innovation Nov. 11, 2014 (working paper available at http://ssrn.com/abstract=2523202) FCC Open Internet Roundtable on the Economics of Broadband: Market Successes and Market Failures Oct. 2, 2014 (video available at http://www.fcc.gov/events/open-internetroundtable-economics) FTC/DOJ Workshop on Conditional Pricing Practices: Economic Analysis & Policy Implications Panel on Where Do We Go From Here: Open Questions and Policy Considerations, June 23, 2014 (transcript at http://www.ftc.gov/news-events/eventscalendar/2014/06/conditional-pricing-practices-economic-analysislegal-policy) Participant, Opening Plenary Session on Efficiency and Its Critics American Antitrust Institute 2014 Annual Conference June 19, 2014 (audio recording available at http://www.antitrustinstitute.org/content/audio-2014-annualconference) Should the Communications Industry be Regulated by the FCC?

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