Einer Elhauge

Einer Elhauge is the Petrie Professor of Law at Harvard Law School and Founding Director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics. He served as Chairman of the Antitrust Advisory Committee to the Obama Campaign. He teaches a gamut of courses ranging from Antitrust, Contracts, Corporations, Legislation, and Health Care Law. Before coming to Harvard, he was a Professor of Law at the University of California at Berkeley, and clerked for Judge Norris on the 9th Circuit and Justice Brennan on the Supreme Court. He received both his A.B. and his J.D. from Harvard, graduating first in his law school class. He is an author of numerous pieces on range of topics even broader than he teaches, including antitrust, public law, corporate law, patents, the legal profession, and health law policy.

Should The Competitive Process Test Replace The Consumer Welfare Standard?

Jonathan Kanter, Assistant Attorney General for the Department of Justice Antitrust Division, recently gave a speech condemning the use of the consumer...

Horizontal Shareholding’s Anticompetitive Effects and the Mechanisms That Produce It

Waiting for further proof of causal mechanisms before addressing the anticompetitive harm caused by horizontal shareholding is unjustified, just as it was when people...

The Greatest Anticompetitive Threat of Our Time: Fixing the Horizontal Shareholding Problem

Undisputed empirical studies confirm that horizontal shareholding poses a great anticompetitive threat. What can antitrust enforcers do about it? Quite a lot, in fact.     Editors'...

New Evidence and Legal Theories About Horizontal Shareholding

Harvard Law School professor Einer Elhauge on his new paper on horizontal shareholding, which provides new empirical evidence that even when horizontal shareholders individually...

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Capitalism Does Not Require a Tradeoff Between Planet and Profit

Critics of capitalism claim that the economic system incorrigibly encourages the exploitation of the planet and is thus incompatible with efforts to...

Academic Bias Under the Microscope

That scholarship often reflects conscious and unconscious biases has long been an open secret in academia. On April 22, Professors Christian Leuz,...

Corporations Are Not “We the People”

The Citizens United ruling contradicts the Founders, decades of Supreme Court precedent and the will of the American people.

Too Many Economists Are Using a Flawed Theory To Defend Dominant Platforms’ Self-Preferencing Practices

Congress is currently considering two major bills that would regulate “self-preferencing” and related conduct by dominant digital platforms. Criticism of these bills...

Unfair Methods of Competition

The FTC’s new policy on unfair methods of competition is an assertion of the original purpose of the agency, allowing it to...

Event Notes: Whose Business is Health?

On Oct.14, the Hopkins Business of Health Initiative hosted a panel discussing if and how companies should consider the health implications of...

Why Disruptive Innovation Has Declined Since 2000

Traditional accounts of the growing power of large firms implicate antitrust or political corruption. But in a recent book, economist James Bessen...