@marklemley.bsky.social and I have a new draft on SSRN. Comments or suggestions are most welcome.
Jacob Noti-Victor
@jnvictor.bsky.social and I have a new paper in which we document a surprisingly widespread phenomenon we call "anticompetitive acquiescence" -- agreeing to settle a case you are likely to win because even though doing so hurts you, it hurts your competitors more. papers.ssrn.com/sol3/papers....
Across a wide range of lawsuits, regulations, and administrative adjudications, companies are giving up. They settle cases they are likely to win. They agree to
