Showing results for: “price gouging”
Dr. Miles (1911-2007)
So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably: The per se rule should be reserved for practices that are always, or almost always, anticompetitive. The common law nature ... Dr. Miles (1911-2007)
Whole Foods: Where's the [premium, natural and organic] beef?
John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action. But most amazing of all is this comment: The claims that the FTC makes in the above two paragraphs [from the FTC press release] are simply ... Whole Foods: Where's the [premium, natural and organic] beef?
FTC Rethinks Bad Pun?
Geoff’s post last week on the FTC’s move to block the Whole Foods/Wild Oats merger poked fun at a stupid pun appearing in the agency’s press release: “If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers. That is a deal consumers should not ... FTC Rethinks Bad Pun?
Premium natural and organic bulls**t
It appears that the FTC is moving to stop the proposed Whole Foods/Wild Oats merger. Says the FTC: If Whole Foods is allowed to devour Wild Oats, it will mean higher prices, reduced quality, and fewer choices for consumers [in the premium natural and organic supermarkets market]. That is a deal consumers should not be ... Premium natural and organic bulls**t
Media Consolidation and Antitrust
One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media consolidation. Here’s what the Senator had to say: It’s such a very important issue, media consolidation, because it has the potential to reduce if not eliminate the opportunities people have ... Media Consolidation and Antitrust
Reflections on the GMU/Microsoft Conference
As you may know, this past Friday we (Geoff and Josh) organized the inaugural GMU/Microsoft Conference on the Law and Economics of Innovation. Overall, we were extremely pleased with our first entry in this conference series, The Regulation of Innovation and Economic Growth. We had about 130 register for the conference, including many high level ... Reflections on the GMU/Microsoft Conference
Senator Kohl on Antitrust, Part I — Airline Mergers
One nice thing about being a legal academic is that you can diversify your political portfolio. By that, I mean that you become somewhat indifferent to who’s in office. If it’s folks you agree with, then you’re happy because your preferred policies are being implemented. If it’s folks with whom you disagree, then you’re happy ... Senator Kohl on Antitrust, Part I — Airline Mergers
Clinton, Obama, and Wal-Mart
At his new and excellent blog Hodak Value, frequent TOTM commentor Marc Hodak offers the following in response to a post at the Daily Kos implying that Wal-Mart’s treatment of its workers should give rise to a level of concern similar to that of the Rwandan genocide: My standard for concern about an organization is ... Clinton, Obama, and Wal-Mart
A New Defense of the Per Se Prohibition Against RPM?
Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense of the per se rule against RPM. Here’s an excerpt from the abstract: In the following I argue that legal policymakers’ current approach is economically justified. I show that all ... A New Defense of the Per Se Prohibition Against RPM?
One More on Leegin (and then I’ll shut up…promise!)
I was on Spring Break last week and was too tied up to do much blogging on Leegin, which I’ve been following pretty closely. Fortunately, Josh and Keith were on the ball with some great insights. I did eventually manage to do a little tea-leaf reading for the eSapience Center for Competition Policy (eCCP). eCCP ... One More on Leegin (and then I’ll shut up…promise!)
"Can you have angst without a soul?" – Delaware Vice Chancellor Leo Strine
As promised, I am reporting back from Tulane’s Corporate Law Institute qua “Who’s Who in the M&A World” gathering. Leo Strine did indeed query today: “can you have angst without a soul?” (He asked in response to the statement that initial bidders fear deal-jumpers when waiting out a go shop period.) Though the WSJ was ... "Can you have angst without a soul?" – Delaware Vice Chancellor Leo Strine
More Thoughts on the Leegin Transcript
A few more thoughts to supplement Josh’s fine posting on the transcript of oral argument in Leegin. I don’t understand Justice Breyer. He recognizes that there are at least some circumstances in which RPM helps consumers. Why isn’t that enough for Dr. Miles to be overruled? Justice Breyer regards this as a “close case” (presumably ... More Thoughts on the Leegin Transcript
