June 21, 2018


WASHINGTON, D.C. – In recognition of their outstanding contribution to antitrust scholarship, the authors listed below have been selected as recipients of the 16th Annual Jerry S. Cohen Memorial Fund Writing Award:

  • Michal S. Gal, Professor at the University of Haifa School of Law;
  • Alan D. Miller, Senior Lecturer at the University of Haifa School of Law and Department of Economics;
  • Phillip Johnson, Managing Director at Econ One;
  • Edward E. Leamer, Professor at Anderson School of Management, University of California, Los Angeles; and
  • Jeffrey Leitzinger, President and Managing Director at Econ One.

The Award will be presented during the gala luncheon at the American Antitrust Institute’s Annual Conference on June 21, 2018 at the National Press Club in Washington, D.C.

Professors Gal and Miller will be honored for their article “Patent Challenge Clauses: A New Antitrust Offense?” 102 Iowa L. Rev. 1477 (2017), in which they argue that patent challenge clauses, which prohibit licensees from challenging the validity of the patents underlying their license agreement, should be illegal under antitrust law. They justify this conclusion under both existing doctrine as laid out by the Supreme Court in FTC v. Actavis, Inc. and under normative welfare-maximization principles. In doing so, they explain why current contract law responses to these clauses do not go far enough.

Economists Phillip Johnson, Edward Leamer, and Jeffrey Leitzinger will be honored for their article “Statistical Significance and Statistical Error in Antitrust Analysis,” 81 Antitrust L.J. 641 (2017), where, noting the central role that regression analysis plays in proof of antitrust impact and estimation of damages, they discuss the history of statistical significance thresholds, alternative ways of viewing “significance,” and the evidentiary burdens implicit in conventional statistical significance levels. They recommend that statistical significance be evaluated against the backdrop of other evidence, recognizing the risk not only of false positives, but also of false negatives.

The five winners will share the $11,500 prize and will each receive an inscribed original artwork created by Lori Milstein.

In addition, this year’s award selection committee has conferred six awards in the following categories:

  • Best State Action Immunity Article:  Rebecca Haw Allensworth, “Foxes at the Henhouse: Occupational Licensing Boards Up Close,” 105 Calif. L. Rev. 1567 (2017)
  • Best Antitrust and Healthcare Article:  Michael A. Carrier, “Sharing, Samples, and Generics: An Antitrust Framework,” 103 Cornell L. Rev. 1 (2017)
  • Best Vertical Restraints Article: Thomas K. Cheng, “A Consumer Behavioral Approach to Resale Price Maintenance,” 12 Va. L. & Bus. Rev. 1 (2017)
  • Best Cartel Article: Christopher R. Leslie, “Foreign Price-Fixing Conspiracies,” 67 Duke L.J. 557 (2017)
  • Best Antitrust and Mergers Article: Jaime S. King & Erin C. Fuse Brown, “The Anti-Competitive Potential of Cross-Market Mergers in Health Care,” 11 St. Louis U. J. Health L. & Pol’y 43 (2017)
  • Best Antitrust Book: Peter C. Carstensen, Competition Policy and the Control of Buyer Power: A Global Issue (2017)

This year’s award selection committee consisted of Warren S. Grimes, Professor of Law, Southwestern Law School; Beth Farmer, Professor of Law, Pennsylvania State University; Roger Noll, Professor of Economics Emeritus, Stanford University; John B. Kirkwood, Professor of Law, Seattle University School of Law; Christopher Leslie, Chancellor’s Professor of Law, University of California, Irvine; Zachary D. Caplan, Associate at Berger & Montague, P.C., and Daniel A. Small, Partner at Cohen Milstein Sellers & Toll PLLC.

About the Award:

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 scholar. It is administered by the law firm he founded, Cohen Milstein Sellers & Toll PLLC.

The award honors the best antitrust writing published during the prior year that is consistent with the values that animated Jerry S. Cohen’s professional life:  a genuine concern for economic justice, the dispersal of economic power, effective limitations upon economic power, and the vigorous enforcement of the antitrust laws.

Media Contact:

Cohen Milstein Sellers & Toll PLLC

Desmond Lee, 646-517-1826