The Archives

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

Showing results for:  “premium natural and organic”

Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical.   Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article.  OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

Russian Retail Trade Law and Government Barriers to Entry

A new Russian retail trade law is scheduled to (at least partially) go into effect on February 1st.  The new retail trade law, with the support of the national antitrust authority and Prime Minister Putin amongst others, has three essential features: (1) limiting the operation of chains to no more than 25 percent of total ... Russian Retail Trade Law and Government Barriers to Entry

Yet More Evidence Against the DOJ's Antitrust Plantings

A couple weeks ago, Geoff wrote concerning the DOJ’s misguided antitrust interest in Monsanto. With that in mind, I was very interested to see today’s announcement that Monsanto’s earnings and gross margins are significantly off for its fiscal first quarter.  According to the Wall Street Journal report, Monsanto posted a loss for the quarter due ... Yet More Evidence Against the DOJ's Antitrust Plantings

The seeds of an antitrust disaster

If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year:  The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market. The AP reports: ... The seeds of an antitrust disaster

Why Now? The Faulty Economics of Credit Card Reform

About four years ago, I worked for Visa in opposing the opposed limitations on interchange fees that the Australian government was about to impose on the credit card industry. The situation there, like the situation in the United States, seemed hardly propitious for reform.  The use of credit cards was rapidly expanding, and the rate ... Why Now? The Faulty Economics of Credit Card Reform

ELS, CELS and Bubbles in Legal Scholarship

Some interesting thoughts from David Zaring and Larry Ribstein on the future of the empirical legal studies movement and its flagship conference, CELS.   Zaring asks whether there is enough glue holding the various constituencies within the ELS movement together.  Ribstein warns of an empirical bubble and argues that the real need for an umbrella organization ... ELS, CELS and Bubbles in Legal Scholarship

"Standardizing" the Horizontal Merger Guidelines

I’m confident that my esteemed colleagues, who have far more expertise about the merger guidelines than I, will offer all sorts of terrific ideas for revising the substance of the guidelines. While I would certainly advocate a few specific changes (i.e., revise the HHI thresholds to reflect actual agency practice), I’ll leave the devilish details ... "Standardizing" the Horizontal Merger Guidelines

Andrew Gavil on Revising the Merger Guidelines

1.  Do the Merger Guidelines Need Revision? Yes.  Conceptually, the current Guidelines incorporate multiple strands of intellectual and legal history with respect to merger analysis that have been layered one upon the other over time, but never effectively integrated.  This now encumbers the application of the Guidelines and may be inhibiting the government’s capacity to ... Andrew Gavil on Revising the Merger Guidelines

Comments on Updating the Merger Guidelines

Of course, the Merger Guidelines need to be updated.  Except for efficiencies, they haven’t been updated in 17 years.   Lawyers and economists with a regular antitrust practice may not require an update in light of their knowledge of the 2006 Commentary, speeches and agency experience.  But, the rest of the antitrust world does.  The most ... Comments on Updating the Merger Guidelines

Antitrust, Obsolescence and the "New Economy" (Again)

Gordon Crovitz (WSJ) plays the new economy card on antitrust.  Its a familiar wrap for those in the antitrust community that hit its peak in the original Microsoft days with virtually every competition policy scholar and commentator chiming in with an opinion about whether the internet and network effects and so forth rendered antitrust obsolete.  ... Antitrust, Obsolescence and the "New Economy" (Again)

Let's Have New Section 2 Hearings!

Commissioner Rosch has offered a defense of the withdraw of the Section 2 Report.  This is an important step and the Commissioner, who readers know I’ve criticized from time to time here, should be credited for laying out his specific objections to the Report.  The objections are, in short, that the Report: Was “too ambitious” ... Let's Have New Section 2 Hearings!

Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust

When I first started working in antitrust at the Justice Department over thirty years ago—there’s a hard reality to accept—the Antitrust Division was then embroiled in an effort to reform the regulation of oil pipelines. The argument on this now obscure issue was that effective prevention of the exercise of market power by natural monopoly ... Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust