The Archives

Everything written by Hal Singer on law, economics, and more

More Corona Testing Is Necessary, But Not Sufficient, To Get Us Back on Our Feet. Verification of Good Health Is Also Required

In these harrowing times, it is a natural to fixate on the problem of testing—and how the United States got so far behind South Korea on this front—as a means to arrest the spread of Coronavirus. Under this remedy, once testing becomes ubiquitous, the government could track and isolate everyone who has been in recent ... More Corona Testing Is Necessary, But Not Sufficient, To Get Us Back on Our Feet. Verification of Good Health Is Also Required

It’s Not Time To Panic About Amazon’s Purchase of Whole Foods. Yet.

Even with these caveats, it’s still worth looking at the recent trends. Whole Foods’s sales since 2015 have been flat, with only low single-digit growth, according to data from Second Measure. This suggests Whole Foods is not yet getting a lift from the relationship. However, the percentage of Whole Foods’ new customers who are Prime Members increased post-merger, from 34 percent in June 2017 to 41 percent in June 2018. This suggests that Amazon’s platform is delivering customers to Whole Foods.

When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

Last week, the FTC hired outside litigator Beth Wilkinson to lead an investigation into Google’s conduct, which some in the press have interpreted as a grave sign for the search company. The FTC is reportedly interested in pursuing Google under Section 5 of the FTC Act, which prohibits a firm from engaging in “unfair methods ... When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

The Federal Reserve Weighs in on Housing Policy

Last month, the Federal Reserve released a study, titled “The U.S. Housing Market: Current Conditions and Policy Considerations,” which offers prescriptions on how to cure the housing mess. Given the importance of this issue to the nation’s economic wellbeing—a large portion of our assets are tied up in real estate, and the associated housing-wealth effects ... The Federal Reserve Weighs in on Housing Policy

New Study Links Wireless Adoption to Jobs: It’s All About the Spectrum (and Siri)

Economists recognize that the source of sustainable, private-sector jobs is investment. Due to measurement problems with investment data, however, it is sometimes easier to link a byproduct of investment—namely, adoption of the technology made possible by the investment—to job creation. This is precisely what economists Rob Shapiro and Kevin Hassett have done in their new ... New Study Links Wireless Adoption to Jobs: It’s All About the Spectrum (and Siri)

Divining a Regulator’s Intent

Regulated firms and their Washington lawyers study agency reports and public statements carefully to figure out the rules of the road; the clearer the rules, the easier it is for regulated firms to understand how the rules affect their businesses and to plan accordingly. So long as the regulator and the regulated firm are on ... Divining a Regulator’s Intent

Can Profit-Maximizing Enterprises Systematically Leave Money on the Table? The Curious Case of the BCS

For years the public has been clamoring for a playoff system to crown a champion in college football. Yet the geniuses at the BCS stubbornly defended—at least until now—their computer-knows-best system for inviting the two most worthy teams. By injecting doubt over the legitimacy of its invitees, the current system diminishes the meaning of the ... Can Profit-Maximizing Enterprises Systematically Leave Money on the Table? The Curious Case of the BCS

The Administration’s Rigorous Defense of the Affordable Care Act

In yesterday’s Washington Post, Health and Human Services Secretary Kathleen Sebelius makes an impassioned plea for skeptics to reconsider the Affordable Care Act. Secretary Sebelius argues that the Act will bring down health care costs by, among other things, assisting those who cannot afford health insurance coverage. Although expanding health insurance coverage is a worthy ... The Administration’s Rigorous Defense of the Affordable Care Act

AT&T/T-Mobile RIP

Yesterday, AT&T announced it was halting its plan to acquire T-Mobile. Presumably AT&T did not think it could prevail in defending the merger in two places simultaneously—one before a federal district court judge (to defend against the DOJ’s case) and another before an administrative law judge (to defend against the FCC’s case). Staff at both ... AT&T/T-Mobile RIP

Top Ten Lines in the FCC’s Staff Analysis and Findings

Geoff Manne’s blog on the FCC’s Staff Analysis and Findings (“Staff Report”) has inspired me to come up with a top ten list. The Staff Report relies heavily on concentration indices to make inferences about a carrier’s pricing power, even though direct evidence of pricing power is available (and points in the opposite direction). In ... Top Ten Lines in the FCC’s Staff Analysis and Findings

Are You Plane Rich? An Example of Marginal Analysis

I just returned from a long weekend in the Caribbean, attempting to recreate the scenery of (and a few scenes from) The Bachelor. Given the ubiquity of Wi-Fi coverage, I was able to stay connected with my favorite newspapers and magazines: iPhone in one hand, Mojito in the other. Just as I was feeling like ... Are You Plane Rich? An Example of Marginal Analysis

The Washington Post columnists on the Supercommittee

My apologies to TOTM readers for taking last week off. A firm retreat in Phoenix followed by a hearing in Oklahoma City really puts a crimp on one’s fun time. In the meantime, the BCS announced that it is considering eliminating the automatic-qualification offers to BCS conference champions. The ACC and Big East must not ... The Washington Post columnists on the Supercommittee