Showing results for: “digital markets act”
Is the FTC Moving to the National Gallery of Art?
The Federal Trade Commissioners have posted a letter to Congressmen John Mica and Nick Rahall, members of the House Transportation and Infrastructure Committee, “in response to legislative action by the Committee to transfer the historic FTC Building to the National Gallery of Art.” I had not heard about any planned legislative action to move the ... Is the FTC Moving to the National Gallery of Art?
The Supreme Court Should Reassert the Importance of Procedural Gatekeeper Rules to Deter Antitrust Litigation Excesses
Background In addition to reforming substantive antitrust doctrine, the Supreme Court in recent decades succeeded in curbing the unwarranted costs of antitrust litigation by erecting new procedural barriers to highly questionable antitrust suits. It did this principally through three key “gatekeeper” decisions, Monsanto (1984), Matsushita (1986), and Twombly (2007). Prior to those holdings, bare allegations ... The Supreme Court Should Reassert the Importance of Procedural Gatekeeper Rules to Deter Antitrust Litigation Excesses
Tenure and the Law Deans
While we’re talking about the ABA . . . Brian Leiter asks whether the American Law Deans’ Association is opposed to tenure. The question is spurred by the ALDA’s comment (.doc) filed with the DOE on the ABA’s application for reaffirmation as a recognized accrediting body. Leiter cites to a blog post (which links to ... Tenure and the Law Deans
Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar
Richard Epstein is the Laurence A. Tisch Professor of Law at NYU School of Law, the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. It was with much sadness that I learned of the ... Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar
All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas
The sweeping prohibition on noncompete agreements promulgated by the Federal Trade Commision (FTC)—which would nullify 30 million contracts and preempt the laws of 46 states if it takes effect, as scheduled, on Sept. 4—is set for its first judicial test. In Ryan, LLC v. FTC, Judge Ada Brown of the U.S. District Court for the ... All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas
Optimal Sanctions for NFL Hits
In response to a week with what the NFL perceives to be a large number of tackles causing injury, the league is ready to announce a new policy in which players will be suspended for certain hits the league deems to dangerous or too likely to cause injury. This is a change from the NFL’s ... Optimal Sanctions for NFL Hits
The Law and Economics of Contracts
This new chapter in the forthcoming Handbook of Law and Economics (Polinsky & Shavell, eds.) from Avery Katz, Benjamin Hermalin, and Richard Craswell looks like essential reading for anyone interested in economic analysis of contracts and contract law. Here’s the abstract/introduction: This paper, which will appear as a chapter in the forthcoming Handbook of Law ... The Law and Economics of Contracts
Debiasing: Firms Versus Administrative Agencies
Daniel Kahnemann and co-authors discuss, in the most recent issue of the Harvard Business Review (HT: Brian McCann), various strategies for debiasing individual decisions that impact firm performance. Much of the advice boils down to more conscious deliberation about decisions, incorporating awareness that individuals can be biased into firm-level decisions, and subjecting decisions to more ... Debiasing: Firms Versus Administrative Agencies
When Google’s Competitors Attack …
We’ve discussed the all too common tactic in antitrust of rival’s complaining to government agencies to get them to bring antitrust complaints. There is nothing particularly special about this tactic. As I’ve pointed out in the context of allegations by Microsoft and Microsoft-supported rivals of Google, conventional economic reasoning suggests that, without more, complaints from ... When Google’s Competitors Attack …
The First Amendment and unauthorized practice of law
I recently discussed the policy issues regarding litigation against LegalZoom for unauthorized practice of law (as well as noting my potential interest in this litigation). A recent paper analyzes the legal issues: Catherine Lanctot, Does LegalZoom Have First Amendment Rights? Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law. Here’s some of ... The First Amendment and unauthorized practice of law
Hovenkamp on the Indirect Purchaser Rule
I’ve had the pleasure of spending the last few weeks curled up with Herbert Hovenkamp’s wonderful new book, The Antitrust Enterprise: Principle and Execution, which I’m reviewing for the Texas Law Review. Hovenkamp is a sharp thinker and a wonderfully clear writer, and the book is a fantastic read for scholars and students alike. As ... Hovenkamp on the Indirect Purchaser Rule
Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?
A few years back, my colleague Royce Barondes and I wrote an essay entitled Should Antitrust Education Be Mandatory (for Law School Administrators)? The essay, whose title was intended to be tongue-in-cheek, argued that the members of the Association of American Law Schools were engaged in an illegal conspiracy to limit competition for professor talent. ... Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?
