Showing results for: “digital markets act”
Some Thoughts on Tradeable Gasoline Rights
Marty Feldstein has an interesting idea about how to reduce America’s oil consumption, but I’m not quite ready to sign on. In an op-ed in yesterday’s WSJ, Feldstein proposed a “cap and trade� system for gasoline. Under the proposed system, the government would set a limit on the amount of gasoline Americans could purchase annually ... Some Thoughts on Tradeable Gasoline Rights
Together Again: The FTC and DOJ Join Forces in American Needle v. NFL
The FTC joined the DOJ brief in American Needle v. National Football League arguing that the Supreme Court should deny certiorari. The brief characterizes the question presented as: Whether NFLP, the NFL, and the teams functioned as a “single entity” when granting the company an exclusive headwear license and therefore could not violate Section 1 ... Together Again: The FTC and DOJ Join Forces in American Needle v. NFL
Antitrust at the Agencies Roundup: Pruning the Data Tree Edition
In my last roundup, I puzzled over the Federal Trade Commission’s (FTC) suit to block Amgen’s acquisition of Horizon Therapeutics. The deal involved no product overlaps whatsoever (i.e., no horizontal competition), a target firm acknowledged to have no competitors for the orphan drugs at issue, and nobody poised to enter into competition either. I won’t ... Antitrust at the Agencies Roundup: Pruning the Data Tree Edition
Law professors, amicus briefs and blogging
Richard Fallon thinks that when law professors try to influence public debate, as when they sign amicus briefs, they should know what they’re talking about. Here’s the abstract: With ever mounting frequency, law professors flood the courts with “scholars’ briefs,” in which they advise judges and Supreme Court Justices on how to resolve disputed issues ... Law professors, amicus briefs and blogging
Armentano in the WSJ, Abolition and Antitrust Fairy Tales …
Leading antitrust critic and abolitionist, Dominick Armentano, has a letter to the editor in the WSJ. The point of the letter to the editor is rather specific: that FTC’s attack on Intel is no outlier in the historical context of antitrust enforcement, contrary to the WSJ’s description. To the contrary, Armentano argues that Intel is ... Armentano in the WSJ, Abolition and Antitrust Fairy Tales …
Paid to Stay Home? An Entirely Intended Consequence of the COVID-19 Stimulus
In an earlier TOTM post, we argued as the economy emerges from the COVID-19 crisis, perhaps the best policy would allow properly motivated firms and households to themselves balance the benefits, costs, and risks of transitioning to “business as usual.” Sometimes, however, well meaning government policies disrupt the balance and realign motivations. Our post contrasted ... Paid to Stay Home? An Entirely Intended Consequence of the COVID-19 Stimulus
More Hayek (and Buchanan), Less Keynes
Dick Armey has a nice op-ed in today’s Wall Street Journal. The piece, titled Washington Could Use Less Keynes and More Hayek, echoes points I made recently in criticizing the stimulus and advising President Obama on good stuff to read. Armey writes: Sound money policy, [Hayek argued], allowed the disparate knowledge of millions of economic ... More Hayek (and Buchanan), Less Keynes
In Defense of Twombly/ Iqbal
See here (Drug & Device Law Blog). There is a ton there, including a discussion of the cases and secondary literature criticizing Twombly/ Iqbal. Here’s a taste: On the question of Twombly/Iqbal, we’re litigators, not professors, so we don’t have the time or inclination to create fancy theoretical constructs such as “plaintiff neutrality principles.” Effron ... In Defense of Twombly/ Iqbal
Caplan on the Law as a Phony Discipline
Bryan Caplan writes: At risk of offending my many friends in the legal academy, I think that law is a shockingly phony discipline. Virtually everyone – liberal, conservative, Marxist, libertarian, or whatever – imagines that the law conveniently agrees with what they favor on non-legal grounds. Almost no one admits that many, if not most, ... Caplan on the Law as a Phony Discipline
Brad DeLong's head must have already exploded before he wrote this
I have no intention of wading into the debate over the climate change chapter in Superfreakonomics. I’m sure you all know the controversy: Levitt and Dubner had the temerity to suggest that global warming was a huge problem, that we should look hard for really expensive solutions, and we need to do something. And the ... Brad DeLong's head must have already exploded before he wrote this
The Future of Law and Economics Part 4: Potential Solutions
In a series of posts (Part I, Part II and Part III), I’ve sketched out how the trend toward increasing detachment in L&E scholarship might reduce the influence of the L&E movement at the retail level and become its ultimate undoing. I must say, writing this series has been a lot of fun but has ... The Future of Law and Economics Part 4: Potential Solutions
David Balto on Economic Evidence and Section 5
One must applaud the efforts of Commissioners Ohlhausen and Wright to begin the dialogue about the proper use of Section 5 as a tool of antitrust enforcement. It was 99 years ago that Congress was debating the creation of the Federal Trade Commission and increased guidance on the Commission’s thinking on Section 5 is in ... David Balto on Economic Evidence and Section 5
