Showing results for: “price gouging”
"Leegin is a triumph of pragmatism"
That is what Judge Posner has to say about Leegin in his new book, How Judges Think. I’m only a few chapters in, but so far, its a fascinating read. I’ll probably blog some more about parts of the book later. In particular, I’ve been thinking recently about how the complexity of substantive antitrust analysis ... "Leegin is a triumph of pragmatism"
Some Thoughts on the Nacchio Decision and Insider Trading
On the flight back from my spring break ski trip, I had a chance to read the recent Tenth Circuit opinion reversing the insider trading conviction of former Qwest CEO, Joseph Nacchio. Mr. Nacchio had been convicted of 19 counts of insider trading, sentenced to six years in prison (plus two years’ supervised release), fined ... Some Thoughts on the Nacchio Decision and Insider Trading
One More Thought on Ex Ante Competition and Merger Analysis
One last issue with respect to ex ante competition and merger analysis. What if it could be demonstrated convincingly that XM and Sirius payments to automobile manufacturers. The DOJ hints at this possibility in the press release: XM and Sirius engaged in head-to-head competition for the right to distribute their products and services through each ... One More Thought on Ex Ante Competition and Merger Analysis
Competition for the Field, Sirius/XM and Shelf Space
Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing ... Competition for the Field, Sirius/XM and Shelf Space
Comment on "Barnett on Sirius-XM"
I can’t seem to get my comment on Geoff’s XM-Sirius post below to go through, so I’ll just post it: I would still disagree with the DOJ when they say “there is not likely to be significant competition…through the car manufacturer channel for many years.” As mentioned, the exclusive contract is competition. Even though they ... Comment on "Barnett on Sirius-XM"
Barnett on Sirius-XM
The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer). About time, I’d say (it’s been two years). See all of the ToTM posts on the topic here. Opposition to this merger has been rooted in what, to me, is a tortured conception of ... Barnett on Sirius-XM
Are the Roberts Court Antitrust Decisions Really Pro-Business?
I’m a bit late to the party on Jeffrey Rosen’s provocative article in the NY Times Magazine claiming that the Supreme Court is biased in favor of businesses. For readers not familiar with Rosen’s claim, the basic assertion is that: With their pro-business jurisprudence, the justices may be capturing an emerging spirit of agreement among ... Are the Roberts Court Antitrust Decisions Really Pro-Business?
Public Choice and the Law Textbook
Todd Zywicki and Maxwell Stearns have a draft of their new textbook, “Public Choice Concepts and Applications in the Law,” available for review for profs that are interested in teaching with the manuscript this Fall 2008 or Spring 2009 term (the book is due to be published in 2009). The book is designed for law ... Public Choice and the Law Textbook
All We Are Saying Is Give PeaceHealth a Chance.
Josh had a characteristically thoughtful post last week on safe harbors for loyalty and bundled discounts. I didn’t comment on the post, with which I generally agree, because I was busy writing an amicus brief (also signed by Dan Crane, Richard Epstein, Tom Morgan, and Danny Sokol) in an attempt to preserve a different safe ... All We Are Saying Is Give PeaceHealth a Chance.
The Economics of $4300
Tyler Cowen invokes Klein and Leffler (1981) to explain the the apparently high price of paid by Client #9 for sex, arguing that high price in combination with the repeat purchase mechanism were part of a self-enforcement mechanism designed to assure performance (in this case, presumably, sex and secrecy). That the $4,300 represents a substantial ... The Economics of $4300
Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
Dennis Carlton and Michael Waldman have posted an insightful DOJ working paper on antitrust safe harbors for unilateral conduct involving quantity discounts and bundling. The discussion is very timely in light of the Microsoft CFI decision, AMC Report, Section 2 Hearings, and various monopolization cases in the United States, EU, and other antitrust jurisdictions. The Carlton & Waldman ... Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
Barnett on the the Supreme Court, Convergence, and Enforcement Levels
Tom Barnett (DOJ Antitrust AG) gave a speech February 29th to the Federalist Society where he touched upon a number of interesting issues we’ve discussed from time to time here at TOTM. Some highlights: Barnett on recent Supreme Court activity. “I submit that the principal reason for the abundance of supermajority decisions is an analytical ... Barnett on the the Supreme Court, Convergence, and Enforcement Levels
