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Tuesday, October 16, 2007
Taking institutional analysis seriously Nobel Prize awards in Economics, like any other public recognition of outstanding contribution to scientific
knowledge, is subject to close scrutiny and criticism. However, in this particular case, there are good reasons to believe
certain degree of overt bias in the selection of what scientific research programs deserve the highest recognition awarded
by the Royal Swedish Academy. After all, their historical picks show a not-so-subtle preference of mathematical modeling
over institutional analysis. This year is no exception.
The Academy just awarded Professors Leonid Hurwitz, Eric Maskin and Roger Myerson for having laid the foundations of
mechanism design theory. In the words of the Academy Committee this theory, which is a development of game theory, "allows
us to distinguish situations in which markets work well from those in which they do not. It has helped economists identify
efficient trading mechanisms, regulation schemes and voting procedures." The
Academy has welcomed academic research in the field of Game theory (John Nash, 1994; Thomas Schelling and Robert Aumann in
2005), in view of its apparent explanatory power and multiple uses in institutional analysis. To mathematically trained scholars,
Game Theory provides them with mathematical rigour and predictive capacity to explain markets under dynamic -and more realistic
conditions, thereby avoiding the diffuse, even conversational discourse typically found in institutional economics.
Or so it is believed to be the case. To many, economics is seen as an application
of mathematical game theoretical models outside boring mathematics, into the more exciting “real world”. It is
no coincidence that the three laureate Nobel Prize winners received their Ph.D. in mathematics, not economics. However, are
game theory models suited to describe the evolutionary nature of markets? Unfortunately,
they are not. Game theory predictions overlook that the information built within institutions is the by-product of centuries
of accumulated learning, which no mathematical model, no matter how complex it may be, can replicate. In addition, believing
that one can possess all information necessary to understand how markets could behave is one step away from attempting to
control them through government means. Indeed, in their statement, the Nobel Committee significantly declared that Messrs.
Hurwitz, Maskin and Myerson theory “allows economists to distinguish situations where markets work well from those where
they do not” and that “the economists sought to explain how to reach an optimum outcome, such as improved social
welfare or greater profits, and to analyze what sort of government regulation should apply to these types of markets.”
The Swedish Academy should take institutional analysis outside the little box of
mathematical thinking. It should go back to the roots of economics, as its founder, Mr. Adam Smith, postulated. In Smith's
view, learning, entrepreneurship, innovation and other typical features arising from what he described as the “division
of labor and specialization”, was the very stuff of which economics analysis was made. He took institutional analysis
seriously by incorporating -albeit not in his Wealth of Nations, but in his Studies of Jurisprudence, and even more notably
in his Theory of Moral Sentiments (1753) the core of his academic research, notably, law and moral philosophy. A healthy return
to the basics of economics could improve much of the current state of economic analysis, even if that may teach us that no
predictions are possible, and that economists should adopt a more humble position towards social phenomena.
In the meanwhile, the Royal Swedish Academy would do much better in creating a Nobel Prize
of Mathematics. In this way, they could reward the efforts of those scientists who actually do applied mathematics, rather
than truly economic analysis.
9:54 pm edt
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2007.10.01

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WHO ARE WE Econlex is a boutique consulting firm
specialized in law and economics. We work closely with law and corporate counselling firms in the name of one or more companies
that are involved in litigation or regulatory proceedings. Our consulting services support companies seeking assistance
with strategic issues associated with their investment overseas. Areas of expertise include mergers and acquisitions, regulation,
unfair competition, antitrust and competition policy, consumer protection, trade policy, investment promotion, clustering,
and industrial development. We have provided outsourcing consulting in large international development projects to
consulting firms such as Chemonics, Inc.; Maxwell Stamp Pcl., ICON Institut; IRIS - University of Maryland; S.J.Berwin,
Bearing Point and FIAS-IFC. Our client list includes the following international institutions: the European Commission; the
World Bank; the Inter-American Development Bank; the Andean Commission and the Asian Development Bank. Our country
experience covers the Latin American region, Middle East, Central and South East Asia.

OUR SERVICES Econlex works closely with law and corporate counselling firms in the name of
one or more companies that are involved in litigation or regulatory proceedings. We offer business consulting
services to companies seeking assistance with strategic issues that require expert economic or financial analysis. We advise
our clients in areas such as finance, mergers and acquisitions, regulation, unfair competition, antitrust and competition
policy, consumer protection, trade policy, investment promotion, clustering, and industrial development. Our
unique business planning capacity is particularly valuable for our clients, to help them take decisions under conditions of
high political risk and uncertain business settings, which are common in most Latin American countries. We advise our clients
both at the stage of planning and implementation. Thanks to our network of consultants and contacts
we possess an exceptional knowledge of the indigenous conditions affecting trade and investment decisions in Latin American
markets. This valuable asset gives us a unique competitive advantage in the region.

EXPERIENCE Our expertise covers law, economics, management, political science and business administration.
We have been engaged in private sector development and institutional building projects covering varied disciplines such as
competition policy, infrastructure regulation, intellectual property, international trade and finance, domestic taxation,
investment promotion and competitiveness promotion. Our projects include, among others, the following: International
Development projects: - Developed institutional building programs for antitrust authorities, including assessment
and development of competition legislation and training in Armenia (USAID-IRIS-Bearing Point); Honduras (World Bank); El Salvador
(World Bank and IADB); Lebanon (European Commission-ICON Institut); Dominican Republic (USAID-Chemonics) and Nicaragua (FIAS,
UNCTAD);
- Design of a Fund for the Promotion of Small and Medium Size Enterprises in Mongolia (GTZ);
Provided
infrastructure regulation assessment in the electricity sector, telecommunications, and the financial sector in Kazakhstan
(USAID-Bearing Point);
- Developed specialized legislation for consumer protection for Uruguay (IADB) and Paraguay
(IADB);
- Development of Competition Legislation and Training in Lebanon (jointly with ICON Institut Germany)
- Development
support of the Trade Remedies Legislation for the Government of Malawi (jointly with Maxwell Stamp PLC)
- Assessment
of Market Barriers against entrepreneurship and review of the Competition Bill in Dominican Republic, (jointly with Chemonics
and J E Austin)
- Assessment of the implications of the WTO's current Intellectual Property Regime (TRIPS) on Business
Innovation in developing countries (ICTSD-UNCTAD)
- Investment Climate and Competitiveness Promotion in Ecuador.
- Development of a competition policy institutional framework in Bolivia.
- Diagnostic of the Investment Climate,
Competitiveness and Competition Policy in Nicaragua.
- Development of Competition Policy and Consumer Protection institutions
in Uruguay.
- Preparation of a training manual for government officials in Spanish- speaking countries for the implementation
of a competition policy and infrastructure guidelines.
- Development of Competition Policy and Consumer Protection institutions
in Paraguay.
- Investment Climate and Competitiveness Promotion in the Philippines, (jointly with Maxwell Stamp PLC).
- Institutional
strengthening project for the Superintendence of Industry and Trade in Bogotá, Colombia.
Litigation
Support: - Expert advice in the dispute between Venevision, Radio Caracas Television and Televen concerning
the alleged existence of a cartel between television broadcasting companies for the allocation of advertising slots
- Expert
advice in the case of C.A. Cerveceria Regional and Cervecerias Brahma on the alleged unfair competition and trademark infractions
resulting from using similar labels
- Expert advice in the dispute between Compañía Anonima Nacional Telefonos
de Venezuela (CANTV) and AES Corporation over its US$ 1.371 billion Public Tender Offer, on competition policy, infrastructure
access, and the allocation of rights over the use of common physical resources and unbundling problems.
External
Counsel services: - Off-counsel for Lafarge Group of Venezuela on competition and
regulatory policy.
- Off-counsel for Procter & Gamble Latin America on mergers and acquisitions,
unfair trade, consumer protection, and competition policy.
- Off-counsel for Techint - Sidor on infrastructure regulation.
- Off-counsel
for Unilever Centroamerica on competition policy matters.
- Competition policy counseling on the merger between Frito
Lay, S.A. and Savoy.

REPRESENTATIVE CLIENTS - The World Bank.
- Foreign Investments Advisory
Services (FIAS)
- The Inter-American Development Bank.
- The European Commission
- The Andean Group Secretariat.
- The
United Nations Conference on Trade and Development (UNCTAD)
- Competition Policy Committee (Kazakhstan)
- Competition
Commission (Armenia)
- Ministry of Economy (Lebanon)
- Baumeister & Brewer
- D'Empaire, Reyna
& Bermudez
- CLC Abogados Consultores.
- Procter & Gamble
- Lafarge
- Sidor
- C.A. Cervecería
Regional
- Venevision
- The AES Corporation
- Secretaría de Industria y Comercio (Dominican Republic)
- Ministerio de Fomento, Industria y Comercio (Nicaragua)
- Ministerio de Comercio Exterior, Industrialización,
Pesca y Competitividad (Ecuador)
- Ministerio de Desarrollo Económico (Bolivia)
MANAGING
DIRECTOR Ignacio De Leon, Ph.D. (Lon.); M.A. in Economics. (U.Fco.Marroquin/Boston University);
LL.M. (Lon.), J.D. (U.C.A.B., Caracas). Competition and trade policy, private sector development. Contact: idl@econlex.com
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