June 19, 2014

Three professors today were awarded the prestigious 12th Annual Jerry S. Cohen Memorial Fund Writing Award for their groundbreaking antitrust scholarship.  Established in memory of Mr. Cohen, a founding partner of Cohen Milstein Sellers & Toll PLLC, the award was given today to professors C. Scott Hemphill, Tim Wu, and John E. Kwoka, Jr. at the 15th Annual Conference of the American Antitrust Institute in Washington, D.C.

Professors Hemphill and Wu were recognized for their article, "Parallel Exclusion,” 122 Yale L.J. 1182 (2013), which proposes the recognition of “parallel exclusion,” whereby multiple firms act to block or slow market entry, as a form of monopolization, or as a form of conspiracy when there is an industry-wide contracting practice.  Professor Kwoka was recognized for his article, "Does Merger Control Work? A Retrospective on U.S. Enforcement Actions and Merger Outcomes,” 78 Antitrust L.J. 619 (2013), which evaluates the accuracy and effectiveness of U.S. merger enforcement policy through a comprehensive analysis of the studies of price changes after mergers. 

Mr. Hemphill is a Professor of Law at Columbia Law School; Mr. Wu is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School; and Mr. Kwoka is the Neal F. Finnegan Distinguished Professor of Economics at Northeastern University.

The recipients will share the $9,000 prize and each received an original art piece by Lori Milstein inscribed with the author’s name and the title of the winning article.

Four other articles were named as Finalists by the Jerry S. Cohen Memorial Fund Writing Award Committee:

  • Jonathan Baker, “Exclusion as a Core Competition Concern,” 78 Antitrust L.J. 527 (2013).
  • Steven Salop, “Merger Settlement and Enforcement Policy for Optimal Deterrence and Maximum Welfare,” 81 Fordham L. Rev. 2647 (2013).
  • Martin Gaynor, Samuel Kleiner & William Vogt, “A Structural Approach to Market Definition with an Application to the Hospital Industry,” 61 J. Indus. Econ. 243 (2013).
  • Christopher Leslie, “Predatory Pricing and Recoupment,” 113 Colum. L. Rev. Sidebar 1695 (2013).


The Jerry S. Cohen Memorial Fund Writing Award was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer.  It is awarded each year to the best antitrust writing during the prior year that is consistent with the principles of economic justice that animated Jerry S. Cohen’s professional life.  It is administered by his former law firm Cohen Milstein Sellers & Toll PLLC.  The 2013 award selection committee was comprised of: Warren S. Grimes, Professor of Law, Southwestern Law School; Roger Noll, Professor of Economics Emeritus, Stanford University; Ann C. Yahner, Administrative Law Judge for the District of Columbia; Charles P. Goodwin, Partner at Berger & Montague; Robert Lande, Venable Professor of Law, University of Baltimore - School of Law; John Kirkwood, Professor of Law and Associate Dean for Strategic Planning and Mission, Seattle University School of Law; and Daniel A. Small, Partner at Cohen Milstein Sellers & Toll PLLC.