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

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New Online Submission Website For Supreme Court Economic Review

I am the co-editor of the Supreme Court Economic Review, a peer-review publication that is one of the country’s top-rated law and economics journals, along with my colleagues Todd Zywicki and Ilya Somin.  SCER, along with its publisher, the University of Chicago Press, have put together a new submissions website.  If you have a relevant submission, please ... New Online Submission Website For Supreme Court Economic Review

Hating Capitalism

One topic that has long interested me is the source of dislike or hatred of capitalism; my Southern Economics Journal article “Folk Economics” (ungated version)  dealt in part with this topic. Today’s New York Times has an op-ed, “Capitalists and Other Psychopaths” by William Deresiewicz, who has taught English at Yale and Columbia, that both ... Hating Capitalism

Richard Thaler on “Slippery Slopes”

In today’s New York Times, Richard Thaler argues that the Constitutional “slippery slope” argument in the Obamacare case (“Today health care, tomorrow broccoli”) is misguided.  This is a strange argument in this particular case.  We must remember that all of today’s commerce clause jurisprudence (which everyone agrees has greatly expanded the power of the Federal ... Richard Thaler on “Slippery Slopes”

When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

Last week, the FTC hired outside litigator Beth Wilkinson to lead an investigation into Google’s conduct, which some in the press have interpreted as a grave sign for the search company. The FTC is reportedly interested in pursuing Google under Section 5 of the FTC Act, which prohibits a firm from engaging in “unfair methods ... When Is Deception an Antitrust Offense? The FTC’s Unorthodox Case Against Google

AALS Section on Antitrust and Economic Regulation Call for Papers: Google and Antitrust

The AALS Section on Antitrust and Economic Regulation call for papers features a topic near and dear to my heart this year: Google and Antitrust.   Here is the announcement: Call for Papers Announcement AALS Section on Antitrust and Economic Regulation Google and Antitrust   2013 AALS Annual Meeting January 4-7, 2013 New Orleans, Louisiana ... AALS Section on Antitrust and Economic Regulation Call for Papers: Google and Antitrust

The Economics of Drip Pricing at the FTC

The FTC is having a conference in the economics of drip pricing: Drip pricing is a pricing technique in which firms advertise only part of a product’s price and reveal other charges later as the customer goes through the buying process. The additional charges can be mandatory charges, such as hotel resort fees, or fees ... The Economics of Drip Pricing at the FTC

Taxing Regulatory Failure

Last month, the IRS and the US Treasury Department issued proposed rules to implement a new tax on health insurance providers and self-insured groups. The tax is part of the Patient Protection and Affordable Care Act (ACA) and will be used to help fund the new Patient-Centered Outcomes Research Institute (PCORI), which will conduct research ... Taxing Regulatory Failure

The folly of the FTC’s Section Five case against Google

In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson.  The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google

And a few tidbits about Damien Geradin, too

Catching up on my blog reading, I see Chillin’ Competition had a Friday Slot interview with Damien Geradin recently, as well.  Also worth checking out.  I especially like this: What you like the least about economics in competition law? Mind boggling theories disconnected from the real world. These are a complete waste of time. Amen, ... And a few tidbits about Damien Geradin, too

A few tidbits about Herb Hovenkamp

Our friends at Chillin’ Competition have a short interview with Herb Hovenkamp up as part of their “Friday Slot” series.  Here are a couple of tidbits to entice you to go read the whole thing: “Oscar” of the best antitrust law book? Non-antitrust book? Best Antitrust Book:  Oliver E. Williamson, Markets and Hierarchies: Analysis and Antitrust Implications (1975). ... A few tidbits about Herb Hovenkamp

Abandoning Antitrust’s Chicago Obsession: The Case for Evidence-Based Antitrust

I’ve posted to SSRN an article written for the Antitrust Law Journal symposium on the Neo-Chicago School of Antitrust.  The article is entitled “Abandoning Chicago’s Antitrust Obsession: The Case for Evidence-Based Antitrust,” and focuses upon what I believe to be a central obstacle to the continued evolution of sensible antitrust rules in the courts and ... Abandoning Antitrust’s Chicago Obsession: The Case for Evidence-Based Antitrust

Do Expert Agencies Outperform Generalist Judges?

My work (with GMU 3L Angela Diveley) featured on the University of Pennsylvania’s RegBlog.  An excerpt: The comparison we conducted is one between institutions – the FTC and the federal judicial system – and not individual judges and commissioners. There is no doubt the antitrust and economic experts at the FTC are well equipped to analyze all ... Do Expert Agencies Outperform Generalist Judges?