Showing results for: “FTC policy statement unfair methods of competition”
Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Thom answers this question in the affirmative in his excellent post about the Ninth Circuit’s analysis in Masimo and is disappointed that the Ninth Circuit rejected the discount attribution standard as the sole test for Section 2 in favor of a separate inquiry as to whether the bundled discount arrangement resulted in a substantial foreclosure ... Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Raisins, Takings, and the Regulatory State
Today, in Horne v. Department of Agriculture, the U.S. Supreme Court held that the Fifth Amendment requires that the Government pay just compensation when it takes personal property, just as when it takes real property, and that the Government cannot make raisin growers relinquish their property without just compensation as a condition of selling their ... Raisins, Takings, and the Regulatory State
Merger Guidelines Symposium Conclusion
Thanks to all of our participants in the Merger Guidelines Symposium. We hope many of you, as well as our readers, will look back over the collected posts and engage in an ongoing dialogue in the comments over the many interesting ideas raised here. You will find all of the posts from the symposium by ... Merger Guidelines Symposium Conclusion
Coming Soon: Day 2 of the TOTM Merger Guidelines Symposium
The Day 1 posts are up and available. But we’re not done yet. We have seven more coming tomorrow from Dan Crane, Andy Gavil, Herbert Hovenkamp, Joseph Simons, Thom Lambert, Geoff Manne, Danny Sokol and Paul Yde. In the meantime, please peruse the first installment of posts and feel free to comment! Joe Farrell, Welcome ... Coming Soon: Day 2 of the TOTM Merger Guidelines Symposium
U.S. Antitrust Enforcement and Error Costs: The Supreme Court and the Obama Administration
My article with Thom Lambert arguing that the Supreme Court – but not the Obama Administration – has substantially adopted an error cost approach to antitrust enforcement, appears in the newly released September 2015 issue of the Journal of Competition Law and Economics. To whet your appetite, I am providing the abstract: In his seminal ... U.S. Antitrust Enforcement and Error Costs: The Supreme Court and the Obama Administration
What Am I Missing About Antitrust Exemptions?
Geoff mentions the pending bills on the Hill that would grant merchants an antitrust exemption to negotiate interchange fees. The insurance industry exemption has also been in the news of late in the wake of the Democrats’ threats of repeal. Here’s what I’m puzzled about. Other than self-interested parties that have a lot to gain ... What Am I Missing About Antitrust Exemptions?
The optimal level of risk is not zero
I have said it before and I’ll say it again: All of this hand wringing over executive compensation seems to exist in a parallel world where corporate executives have no risk aversion, where there is no real competition for managerial talent, and where firms can only take on too much–never too little–risk. And this in ... The optimal level of risk is not zero
Some Links
Competition on layaway fees Price discrimination over restaurant reservation times (HT: NY Times) Steve Calabresi & Larissa Price on the history of government granted monopolies and the constitution A settlement in the EU E-books investigation?
Economist Kevin Murphy to Charles River Associates
I am very pleased to report that Kevin Murphy – economist extraordinaire, recipient of the MacArthur Fellowship, Bates Clark Medal winner, and of course, fellow UCLA Bruin — has agreed to join Charles River Associates as a Senior Consultant beginning May 2013 when his contract with Navigant Economics expires. As a fellow Senior Consultant at ... Economist Kevin Murphy to Charles River Associates
George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions
I may have missed it, but a topic that I don’t think has come up in the discussion thus far is unauthorized practice of law prohibitions. If we want to allow the free market’s discovery process to work – finding new modes of delivering services that serve consumers better than the old ones – we ... George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions
The global threat to U.S. law
A lot of ink has been spilled about the technology threat to traditional law practice. But U.S. law firms need also to worry about lawyers elsewhere in the world. The WSJ reports that Beijing-based King & Wood is planning to join with Australian firm Mallesons Stephen Jaques to form Hong Kong-based verein King & Wood ... The global threat to U.S. law
India, the UK, and US law firms
The Law Blog reports that India is considering letting in U.K. law firms after long barring all foreign law firms from having offices in India. The LB notes that the UK would have to reciprocate by allowing Indian firms and that “[i]t’s unclear whether U.S. firms would be invited to the party.” Well, I imagine ... India, the UK, and US law firms
