The Archives

The collection of all scholarly commentary on law, economics, and more

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Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!

Today, a group of eighteen scholars, of which I am one, filed an amicus brief encouraging the Supreme Court to review a Court of Appeals decision involving loyalty rebates.  The U.S. Court of Appeals for the Third Circuit recently upheld an antitrust judgment based on a defendant’s loyalty rebates even though the rebates resulted in above-cost prices for the defendant’s products ... Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!

Mason LEC Program on the Consumer Financial Protection Board, May 2, 2013

   

Meese, Mellor & Rowes on Economic Liberty and the Fourteenth Amendment

“[N]or shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” These words from the U.S. Constitution’s Fourteenth Amendment lurk behind a great many news stories these days.  For the next two days, the U.S. Supreme Court will ... Meese, Mellor & Rowes on Economic Liberty and the Fourteenth Amendment

The SHIELD Act: When Bad Economic Studies Make Bad Laws

Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some ... The SHIELD Act: When Bad Economic Studies Make Bad Laws

Forbes commentary on Susan Crawford’s “broadband monopoly” thesis

Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has become the unofficial spokesman for a budding campaign to reshape broadband. She sees cable companies monopolizing broadband, charging too much, withholding content and keeping speeds low, all in order to ... Forbes commentary on Susan Crawford’s “broadband monopoly” thesis