Showing results for: “price gouging”
"There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"
Huh? This statement appears in this article by Professor Anthony D’Amato (Northwestern) on the failure of interdisciplinary scholarship in the legal academy. HT: Brian Leiter. Quite frankly, I was very surprised to see a claim like this in a paper written after 1970 or so. Even in corners of the academy hostile to economic analysis, ... "There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"
Loyalty Discount Propositions
One of the more interesting parts of the November 29 DOJ/FTC hearing on loyalty discounts (where I presented these remarks) was the panelists’ discussion of a number of “propositions” advanced, for purposes of discussion only, by the agencies. Unfortunately, we didn’t have time to discuss all the propositions. I’ve reproduced them below the fold, along ... Loyalty Discount Propositions
Bye Bye, Dr. Miles.
So it looks like Dr. Miles is going down. That’s a good thing. For non-antitrusters, Dr. Miles is a 1911 Supreme Court decision holding that “minimum vertical resale price maintenance” is per se illegal — that is, automatically illegal without inquiry into the practice’s actual effect on competition. Minimum vertical resale price maintenance (or “RPM”) ... Bye Bye, Dr. Miles.
Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts
Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. Both call for bright-line, administrable liability rules for all forms of unilateral exclusionary conduct, and have important things to say about designing antitrust rules for bundled discounts. Both are worth ... Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts
Obama on Wal-Mart
Steve Levitt is impressed with Barack Obama’s book The Audacity of Hope, and notes that though he does not agree with all of his political views, Obama may very well be a future president. I don’t know much about Obama,and haven’t read his book, but I was disappointed to see him jump aboard the Wal-Mart ... Obama on Wal-Mart
Carlton & Picker on Antitrust and Regulation
Dennis Carlton and Randy Picker have posted Antitrust and Regulation on SSRN. It looks like a very interesting paper on the relationship between antitrust and regulation to control competition. Here’s the abstract: More than a century ago, the federal government started controlling competition, first railroads through the Interstate Commerce Act and then the general economy ... Carlton & Picker on Antitrust and Regulation
Medical Self-Defense, Organ Markets, and the Poor
Eugene Volokh has posted a series discussing his new article (forthcoming in Harvard L. Rev.) “Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs,” which I point out because the article claims that bans on organ payments violate patients’ medical self-defense rights. As readers of TOTM know, organ markets are a topic of substantial interest ... Medical Self-Defense, Organ Markets, and the Poor
Dura and Section 10(b)
In my Sec. Reg. class, we are covering Section 10(b) of the Securities Exchange Act of 1934. One of my students raised a question today regarding Section 10(b) after Dura that left me ruminating. The student’s question was about whether a selling stockholder who sold at a profit can bring a suit after Dura if the ... Dura and Section 10(b)
Crane and Lambert on Hovenkamp — the Closet Chicagoan
Cardozo professor Dan Crane and I are living parallel lives. We both attended Wheaton College and the University of Chicago Law School (Dan was two years ahead of me). We began teaching at the same time. We both teach antitrust law and have written on bundled discounts. Like Josh, we’re both presenting at the DOJ/FTC ... Crane and Lambert on Hovenkamp — the Closet Chicagoan
Teaching Law Students Economics
Larry Ribstein has an interesting post responding to Professor Warren’s discussion of her own classroom experiences teaching Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-94 (1991). Professor Warren describes a discussion with her students involving the notion raised by Justice Blackmun that “passengers who purchase tickets containing a forum clause like that at ... Teaching Law Students Economics
Isn't Competition Grand?: Wal-Mart, Drugs, and Antitrust
Fred Tung highlights Wal-Mart’s new strategy of selling a month’s supply of 300 different generics for $4, noting that Target will match Wal-Mart’s prices but Walgreens and CVS will not. Isn’t competition grand? Well, not everyone is convinced that low prices for consumers is a good thing. Unsurprisingly, for instance, this strategy has not gone ... Isn't Competition Grand?: Wal-Mart, Drugs, and Antitrust
SSRN Top Tens for Corporate, Corporate Governance, and Securities Law
The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.
