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

Showing results for:  “FTC policy statement unfair methods of competition”

Antitrust & Private Equity

WSJ Deal Journal reports some important movement on the antitrust and private equity front.  Specifically, Judge Richard Jones (W.D. Washington) granted the defendants’ motion to dismiss in Pennsylvania Avenue Funds v. Borey, dismissing the plaintiffs’ allegations that two private equity firms had violated the Sherman Act by bidding jointly on the target company (Watchguard Technologies) ... Antitrust & Private Equity

Is Britney the QWERTY Keyboard of Pop Culture?

I thought I would be safe in church. I thought I could avoid her there. But no, the minister had to mention Britney Spears during the sermon Sunday morning. I think the reference had something to do with keeping perspective and the ridiculousness of a motorcade escort to UCLA medical center. I’m not really sure. ... Is Britney the QWERTY Keyboard of Pop Culture?

Some Economic Insights on Prices and Choices

Courtesy of Lynne Kiesling who supplies such insights regularly over at Knowledge Problem.  It’s about retail choice in electricity, but the general principles apply more broadly.  The whole thing is worth reading carefully: There are, though, several ways that free choice and the removal of entry barriers into retail markets generates better outcomes than regulated ... Some Economic Insights on Prices and Choices

What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?

On Monday evening, around 6:00 PM Eastern Standard Time, news leaked that the United States District Court for the Southern District of New York had decided to allow the T-Mobile/Sprint merger to go through, giving the companies a victory over a group of state attorneys general trying to block the deal. Thomas Philippon, a professor ... What Can the Stock Market Tell Us About the T-Mobile/Sprint Merger?

Inevitable Monopolies and More Maverick Madness

In antitrust lore, mavericks are magical creatures that bring order to a world on the verge of monopoly. Because they are so hard to find in the wild, some researchers have attempted to create them in the laboratory. While the alchemists couldn’t turn lead into gold, they did discover zinc. Similarly, although modern day researchers ... Inevitable Monopolies and More Maverick Madness

Easterbrook on False Positives

I recently came across a keynote speech by Frank Easterbrook (published at 52 Emory L.J. 1297 (2003)) where he discusses Type I errors in antitrust cases.  Easterbrook, of course, produced the fundamental insight for antitrust enforcement that competition itself constrained the costs associated with false negatives while false positives were likely to ripple throughout the ... Easterbrook on False Positives

Please No "Passenger’s Bill of Rights"

Soledad O’Brien said a (sort of) bad word on American Morning this morning. I was watching when she said it. I didn’t notice the word, but it’s plain as day in the transcript below (omissions noted by ellipses):

Franchising, Starbucks vs. Subway, and Promotional Services

Professor Bainbridge offers a correction to Keith’s Starbucks analysis by pointing out that Starbucks does not have franchisees. I don’t think the franchise/ franchisee distinction has much to do with Keith’s conclusion that whatever is going on is not an antitrust problem. But the Professor is on to a really cool question about franchising and ... Franchising, Starbucks vs. Subway, and Promotional Services

The Speculation Economy (penned by GW Professor Larry Mitchell)

George Washington University Law School Professor Larry Mitchell’s new book, The Speculation Economy, is a worthwhile read, and anyone with an interest in corporate law, securities regulation, stock market evolution, the rise of big business, legal history, antitrust, and other related topics should consider putting the book on his or her holiday wish-list. More specifically, The ... The Speculation Economy (penned by GW Professor Larry Mitchell)

The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law

Admirers of the late Supreme Court Justice Louis Brandeis and other antitrust populists often trace the history of American anti-monopoly sentiments from the Founding Era through the Progressive Era’s passage of laws to fight the scourge of 19th century monopolists. For example, Matt Stoller of the American Economic Liberties Project, both in his book Goliath ... The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law

Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision: “It is totally unacceptable that a representative of the U.S. administration criticized an independent court of law outside its jurisdiction … The European Commission does not pass judgment on rulings by U.S. courts, and we expect the same ... Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.

Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the New York Times ran an article entitled In Turnaround, Industries Seek U.S. Regulation. Yesterday’s Wall Street Journal featured Food Makers Get Appetite for Regulation. Some might argue that this is ... Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.