The Archives

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

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Behavioral Merger Remedies and the Hippocratic Principle

Last Thursday, the FTC settled a challenge to a company’s acquisitions of two key rivals. The two acquisitions, each of which failed to meet the threshold for required reporting under Hart Scott Rodino, occurred in 2005 and 2008. Because the acquired companies have been fully integrated into the acquirer and all distinct operations have been ... Behavioral Merger Remedies and the Hippocratic Principle

Commissioner Wright lays down the gauntlet on Section 5

As Thom noted (here and here), Josh’s speech at the ABA Spring Meeting was fantastic.  In laying out his agenda at the FTC, Josh highlighted two areas on which he intends to focus: Section 5 and public restraints on trade.  These are important, even essential, areas, and Josh’s leadership here will be most welcome. I’m ... Commissioner Wright lays down the gauntlet on Section 5

Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting

Friday I discussed FTC Commissioner (and TOTM alumnus) Josh Wright’s speech at the Spring Meeting of the ABA’s Antitrust Section.  Wright’s speech, What’s Your Agenda?, is now available online. As I mentioned, Commissioner Wright emphasized two matters on which he’d like to see FTC action.  First, he hopes the Commission will help fulfill the promise of Section 5 of the FTC Act by ... Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting

Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future

I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future

How Copyright Drives Innovation in Scholarly Publishing

[Cross posted at the Center for the Protection of Intellectual Property blog.] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new ... How Copyright Drives Innovation in Scholarly Publishing

Symposium

Innovation for the 21st Century Symposium

The topic of TOTM’s first blog symposium is Michael Carrier’s forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press). Here is a description of the book’s contents from Professor Carrier: Innovation for the 21st Century offers ten proposals, from pharmaceuticals to peer-to-peer software, that will help ... Innovation for the 21st Century Symposium

Symposium

Merger Guidelines Symposium

For our friends in the agencies, we hope this symposium gives you some food for thought and a sense of where an informed subset of the antitrust community see issues meriting attention.  It is interesting to note (we received all of the submissions before any were posted) the extent to which so many of these ... Merger Guidelines Symposium

Symposium

The Law & Economics of Interchange Fees Symposium

For the uninitiated, the interchange fee is the fee charged (usually) by the credit card issuing bank (the cardholder’s bank) to the credit card acquiring bank (the merchant’s bank) to settle a credit card transaction between the cardholder and the merchant.  Interchange fees, as well as various rules set by credit card networks governing credit ... The Law & Economics of Interchange Fees Symposium

Symposia

Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

The State of the Patent System: A Discussion with Chief Judge Rader A teleforum on Thursday, April 11, at 2pm. Hosted by George Mason Law School’s Center for the Protection of Intellectual Property Teleforum and the Federalist Society‘s Intellectual Property Practice Group. Today, people read daily complaints about the “broken” patent system, and thus it’s ... Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!

Today, a group of eighteen scholars, of which I am one, filed an amicus brief encouraging the Supreme Court to review a Court of Appeals decision involving loyalty rebates.  The U.S. Court of Appeals for the Third Circuit recently upheld an antitrust judgment based on a defendant’s loyalty rebates even though the rebates resulted in above-cost prices for the defendant’s products ... Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!

The SHIELD Act: When Bad Economic Studies Make Bad Laws

Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some ... The SHIELD Act: When Bad Economic Studies Make Bad Laws