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Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences.  A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

Why can’t we have a better press corps?: WaPo Google antitrust edition

Steven Pearlstein at the Washington Post asks if it’s “Time to loosen Google’s grip.”  The article is an analytical mess.  Pearlstein is often a decent business reporter–I’m not sure what went wrong here, but this is a pretty shoddy piece of antitrust journalism. For the most part, the article is a series of tired claims ... Why can’t we have a better press corps?: WaPo Google antitrust edition

Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Behavioral law and economics has arisen to international prominence; between Cass Sunstein’s appointment to head the Office of Information and Regulatory Affairs the United Kingdom’s appointment of a “nudge” bureau, behavioralism has enjoyed a meteoric impact on policymakers.  Thus far, behavioral economists have almost exclusively focused on the myriad foibles or purported cognitive errors which ... Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

The EU tightens the noose around Google

Here we go again.  The European Commission is after Google more formally than a few months ago (but not yet having issued a Statement of Objections). For background on the single-firm antitrust issues surrounding Google I modestly recommend my paper with Josh, Google and the Limits of Antitrust: The Case Against the Antitrust Case Against ... The EU tightens the noose around Google

The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

How should an economist interpret the fact that Microsoft appears to be “behind” recent enforcement actions against Google in the United States and, especially, in Europe? “With skepticism!”  Is the answer I suspect many readers will offer upon first glance.  There is a long public choice literature, and long history in antitrust itself, that suggests ... The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

Why Take Antitrust? (Fall 2010 Edition)

In what has become an annual affair, around this time of the year, I like to make the case for law students to take antitrust. Each year, the post is edited and tweaked a little bit.  So, without further ado, here is this year’s edition of “Why Take Antitrust?” As the start of the new ... Why Take Antitrust? (Fall 2010 Edition)

More on Elizabeth Warren on Theory and Interpreting Data

With all the talk about the CFPB, Elizabeth Warren has been in the news lately.  The blogs too.  Most of the discussion has been about whether or not Timothy Geithner is a friend or foe to the Democrats’ preferred option of getting Warren nominated as the first chief of the CFPB.  Today, Megan McArdle started ... More on Elizabeth Warren on Theory and Interpreting Data

Price Discrimination in Education

Tom Smith offers an entertaining and insightful perspective on the economics of higher education: Without passing moral judgment in any way, I will just observe it is astonishing that higher education in this country has managed to get established a system where consumers have to disclose in detail how much money they have before they ... Price Discrimination in Education

The Proposed Merger Guidelines: How Much of a Shift?

The proposed Horizontal Merger Guidelines (HMGs) have been treated by some as a major shift in enforcement approach away from a tight structure that begins with market definition to a more flexible and open-ended competitive effects approach.  Some of the specific concerns that have been raised are that the proposed HMGs dramatically change enforcement policy ... The Proposed Merger Guidelines: How Much of a Shift?

Coke, Pepsi, Product Promotion and the Efficiencies of Vertical Integration

The soda industry is trending toward vertical integration, which Coke and Pepsi acquiring their largest bottlers.  From the WSJ: Coke and PepsiCo sell concentrate to bottlers, which then bottle and distribute the soft drinks in their territories. Many of these smaller bottlers are small businesses that have been run by family members for decades and ... Coke, Pepsi, Product Promotion and the Efficiencies of Vertical Integration

The Commission Wins an Exclusive Dealing Case

Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description: Transitions Optical, Inc., the nation’s leading manufacturer of photochromic treatments that darken corrective lenses used in eyeglasses, has agreed to stop using allegedly anticompetitive practices to maintain its monopoly and increase prices, under a settlement with ... The Commission Wins an Exclusive Dealing Case

A Defense of the Insurance Industry Antitrust Exemption?

The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here).  In the latter of those two links I was somewhat critical of the DOJ for taking a neutral stance on the insurance industry exemption, which has now become rather wrapped up in the health care reform debate. ... A Defense of the Insurance Industry Antitrust Exemption?