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Books
After the Paris Attacks: Responses in Canada, Europe, and around the Globe (Toronto: University of Toronto Press, 2015). Co-editor with Stephen Toope.
Cases, Materials and Notes on Partnerships and Canadian Business Organizations, 4th ed. (with D. Harris, R. Daniels, I. Lee, J. MacIntosh, P. Puri & J. Ziegel) (Toronto: Thomson Carswell, 2004).
The Law and Economics of Canadian Competition Policy (with Michael Trebilcock, Ralph Winter & Paul Collins) (Toronto: University of Toronto Press, 2002).
Winner of the 2002-3 Purvis Prize for the best written work on Canadian economic policy.
Economic Shocks: Defining a Role for Government (with Michael Trebilcock & Huma Haider) (Toronto: C.D. Howe Institute, 2001).
Value for Money: Executive Compensation in the 1990s (with Michael Trebilcock) (Toronto: The C.D. Howe Institute, 1996.)
Articles and Book Chapters
“The Boundaries of Corporate Law and Trust Law: An Analysis of Locking v McCowan” (2016) 62 McGill Law Journal 577. Co-author: Anita Anand.
“Reflections on Financial Crises, Regulation, and Sunsetting” in Anita Anand, ed., Systemic Risk, Institutional Design, and the Regulation of Financial Markets (Oxford: Oxford University Press, 2016).
“European law on selective distribution and Internet sales: an economic perspective.” Antitrust Law Journal, Spring 2016, p. 47. Co-author: Ralph Winter.
“An Economic Analysis of Waiver of Tort in Negligence Actions” (2016) 66 University of Toronto Law Journal 173. Co-author: Michael Trebilcock.
“Panel Selection on High Courts” (2015) 65(4) University of Toronto Law Journal 335–381. Co-authors: Ben Alarie and Andrew Green.
“The Lessons of Tervita” (2015) 57 Canadian Business Law Journal 217.
“Vertical Restraints Across Jurisdictions” (with Ralph A. Winter), in The Oxford Handbook of International Antitrust Economics, Volume 2, R. D. Blair and D. D. Sokol, eds (Oxford University Press, 2014).
"Corporate Fiduciary Duties and Prudential Regulation of Financial Institutions" (2014) 16 Theoretical Inquiries in Law 183.
“Special Compensation Arrangements for Dissident Directors in Proxy Contests: A Policy Analysis.” (2014) Canadian Business Law Journal, Vol. 55, 365-388.
“An Economic Analysis of Alternative Business Structures for the Practice of Law.” (with Michael Trebilcock) (2014) The Canadian Bar Review, Vol. 92, 1-47.
“On the Interaction between Legal and Reputational Sanctions.” (2014) 43 Journal of Legal Studies 189.
“Innovation and the Organizational Contract: Lessons from Income Trusts” (2013) 88 New York University Law Review, 216-239.
“The Superior Propane Saga: The Efficiencies Defence in Canada”, in Barry Rodger, ed, Landmark Cases in Competition Law Around the World in Fourteen Stories, (The Netherlands: Kluwer Law International, 2013), 63-87.
“Institutional Design and Decision-Making Process in Canadian Competition Policy”, (with Michael Trebilcock) in Eleanor Fox and Michael Trebilcock, eds, The Design of Competition Law Institutions: Global Norms, Local Choices (Oxford University Press, 2013).
“The Role of Crown Corporations in the Canadian Economy: An Analytical Framework” (2012) 5:9 University of Calgary, The School of Public Policy Research Papers.
"Competition Policy, Efficacy, and the National Securities Reference", in Anita Anand, ed., What's Next For Canada? Securities Regulation After The Reference (Toronto: Irwin Law, 2012), 49-56.
"Reputational Economies of Scale, with Application to Law Firms" Am Law Econ Rev (Spring 2012) 14 (1): 302-329.
“Making Sense of Magna” (2011) 49 Osgoode Hall L. J. 237-275.
"An Empirical Examination of the Governance Choices of Income Trusts" (with Anita Anand) (2011) 8 Journal of Empirical Legal Studies 147.
"Abuse of Joint Dominance in Canadian Competition Policy" (with Ralph Winter) (2010) 60 University of Toronto Law Journal 219.
"Designing Competition Law Institutions: Values, Structure and Mandate" (with Michael Trebilcock) (2010) 41 Loyola University Chicago Law Journal 455.
Symposium in Honour of Michael Trebilcock (2010) (Co-editors: Anita Anand, Tony Duggan and Colleen Flood) 60 University of Toronto Law Journal.
"Canada and International Antitrust Law and Policy", in Andrew Guzman, ed., Cooperation, Comity and Competition Policy (2010, Oxford University Press).
"Scrambled Signals: Canadian Content Policies in a World of Technological Abundance" (with Lawson Hunter and Michael Trebilcock) (2010) C.D. Howe Institute Commentary, No. 301.
"Indeterminacy and the Canadian Supreme Court's Approach to Corporate Fiduciary Duties" (2009) 48 Canadian Business Law Journal 232.
"Tying and Intellectual Property" (with Ralph Winter) in Marcel Boyer, Michael Trebilcock and David Vaver, eds., Competition Policy and Intellectual Property (Toronto: 2009, Irwin Law) pp. 165-225.
"On Lemons and Leather: Liability for Misrepresentations of Forward-Looking Information in Danier Leather" (2009) 48 Canadian Business Law Journal 3.
"The Competition Bureau's Report on Competition and Self-Regulation in the Canadian Legal Profession: A Critical Evaluation" (2009) 23 Competition Record 92.
"A Switching Costs Explanation of Tying and Warranties" (2008) 37 Journal of Legal Studies 431.
"Why Does Ontario Require Equal Treatment in Sales of Corporate Control?" (2008) University of Toronto Law Journal 123.
"Legal and Economic Boundaries of the Firm" (with George Triantis) (2007) 93 Virginia Law Review 515.
reprinted in Robert Thompson, ed., Corporate Practice Commentator, 2007-2008 (West: Eagan MN, 2008).
"The Design of Regulatory Institutions for the Canadian Telecommunications Sector" (with Michael Trebilcock) (2007) 33 Canadian Public Policy 127.
"Tax Policy, Capital Structure and Income Trusts" (with Benjamin Alarie) (2007) 45 Canadian Business Law Journal 1.
"Directors and Corporate Control Contests: Reconciling Frank Iacobucci's Views from the Academy and the Bench" (2007) 57 University of Toronto Law Journal 251.
"The Political Economy of Deregulation in Canada" (with Michael Trebilcock & Ralph Winter) in Marc Landy, Martin Levin & Martin Shapiro, eds., Creating Competitive Markets: The Politics of Regulatory Reform (Brookings Institution, 2007).
"Rerouting the Mail: Why Canada Post is Due for Reform" (with Michael Trebilcock & Tracey Epps) (2007) 243 C.D. Howe Institute Commentary.
"Predatory Pricing, the Theory of the Firm and the Recoupment Test: An Examination of Recent Developments in Canadian Predatory Pricing Law" (2006) 51 Antitrust Bulletin 281-323.
"The Canadian Experience with Deregulation" (with Michael Trebilcock & Ralph Winter) (2006) 56 University of Toronto Law Journal 1.
"Imperfect Information and Conspiracy Class Actions" in Stephen Pitel, ed., Litigating Conspiracy: An Analysis of Competition Class Actions (Toronto: Irwin Law, 2006).
"Asset Securitization and Asymmetric Information" (with Ralph A. Winter) (2005) 34 Journal of Legal Studies 161.
"Public Funding, Markets and Quality: Assessing the Role of Market-Based Performance Funding for Universities" (with Andrew Green) in F. Iacobucci & C. Tuohy, Taking Public Universities Seriously (Toronto: University of Toronto Press, 2005).
"Toward a Signaling Explanation of the Private Choice of Corporate Law" (2004) 6 American Law and Economics Review 319.
"National Treatment and Extraterritoriality: Defining the Domains of Trade and Antitrust Policy" (with Michael Trebilcock) in R. Epstein & M. Greve, ed., Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (Washington: AEI Press, 2004).
"Directors' Duties in Insolvency: Clarifying What's at Stake" (2003) 39 Canadian Business Law Journal 398.
"Tying as Quality Control: A Legal and Economic Analysis" (2003) 32 Journal of Legal Studies 435.
"Privatization and Accountability" (with Michael Trebilcock) (2003) 116 Harvard Law Review 1422.
"A Wise Decision? An Analysis of the Relationship Between Share Ownership Structure and Directors' and Officers' Duties" (2002) 36 Canadian Business Law Journal 337.
"Is it Time to Give the Commissioner of Competition a Competition Commission?" (with Howard Wetston) in D. Conklin, ed., Canadian Competition Policy: Preparing for the Future (Toronto: Pearson Education Canada, 2002).
"Designing Competition Law Institutions" (with Michael Trebilcock) (2002) 25 World Competition: Law and Economic Review 361.
"Review of C. Nicholls, Corporate Finance and Canadian Law" (2001), 36 Canadian Business Law Journal 144.
"Unfinished Business: An Analysis of Stones Unturned in ADGA Systems International v. Valcom Ltd." (2001) 35 Business Law Journal 39.
"Public Choice Theory and Recent Developments in Canadian Competition Policy" in Selected Topics in Corporate Litigation (Kingston: Queen's Annual Business Law Symposium 2000, 2001).
"Reconciling Derivative Claims and the Oppression Remedy" (with Kevin E. Davis) (2000) 12 Supreme Court Law Review 87.
"Some of the Causes and Consequences of Concentrated Corporate Ownership in Canada" (with Ronald J. Daniels) in R. Morck, ed., Concentrated Corporate Ownership (Chicago: University of Chicago Press, 2000).
"Multidisciplinary Practices and Partnerships: Prospects, Problems and Policy Options" (with Kent Roach) (2000) 79 Canadian Bar Review 1-80.
"The Effects of Disclosure on Executive Compensation" (1998) 48 University of Toronto Law Journal 489.
"Antidiscrimination and Affirmative Action Policies: Economic Efficiency and the Constitution" (1998) 36 Osgoode Hall Law Journal 293.
"Most-Favoured Nations Clauses and Competition Policy" (Autumn 1997) Canadian Competition Record 27.
"The Interdependence of Trade and Competition Policies" (1997) 21 World Competition5.
"Rent Control: A Proposal for Reform" (1995) 27 Ottawa Law Review 311.
"The Case for Prohibiting Resale Price Maintenance" (1995) 19 World Competition 71.
Government Reports
"An Economic Analysis of Alternative Business Structures for the Practice of Law" (2013). Commissioned by Alternative Business Structures Working Group, Law Society of Upper Canada.
"Innovation for a Better Tomorrow: A Critique" (2011) Commissioned by Canadian Generic Pharmaceutical Association.
"An Economic Analysis of Waiver of Tort" (2011) Affidavit co-authored with Michael Trebilcock.
"Self-Regulation and Competition in Ontario's Legal Services Sector: An Evaluation of the Competition Bureau's Report on Competition and Self-Regulation in Canadian Professions" (with Michael Trebilcock) Commissioned by Law Society of Upper Canada (2008).
"Tying and Intellectual Property" (with Ralph Winter). Prepared for Canadian Competition Bureau's symposium on intellectual property and competition policy, Ottawa, March 2007.
"The Design of Regulatory Institutions for the Canadian Telecommunications Sector" (with Michael Trebilcock). Submitted as appendix to Bell Canada Enterprises submission to Canada Telecommunications Policy Review Panel, August, 2005.
"Corporate Governance in Insolvency." Prepared for Industry Canada, January, 2004.
"Economic Deregulation of Network Industries: Managing the Transition to Sustainable Competition" (with Michael Trebilcock and Ralph Winter). Prepared for Ontario Panel on the Role of Government, 2003.
"Competition and Railway Regulation in Canada" (with Michael Trebilcock). Prepared for Canada Transportation Act Review Panel, March 2001.
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