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Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Exclusive dealing prevents the bait-and-switch behavior by dealers who convert customers drawn by one brand to the products of its rivals. Despite the red flag of “exclusive” in its title, the practice is ordinarily uncontroversial, indeed innocuous. Automobile manufacturers often pay incentives to encourage dealers to deal exclusively in their vehicles. Business format franchising ensures ... Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Section 2 Symposium: David Evans–An Economist’s View

The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View

Professor Carrier’s Response

First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response

On the Whole Foods Settlement

Thom kicked off discussion of the FTC and Whole Foods’ settlement on a critical note: It’s pretty impressive that the Commissioners were willing to stand their ground in the face of evidence that Whole Foods wasn’t earning monopoly profits, that numerous grocery retailers are moving toward the Whole Foods format, that there are obvious economies ... On the Whole Foods Settlement

Whole Foods Throws in the Towel — Congrats to the FTC!

The witch hunt is over. Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this settlement, American ... Whole Foods Throws in the Towel — Congrats to the FTC!

Top Ten Antitrust Articles of 2008

Its the time for end of the year lists. In conjunction with Danny Sokol’s survey of nominations for article of the year in 2008 (here are last year’s entries and here’s my list of the top 10 from last year), and without further ado, here are my personal, idiosyncratic, completely non-scientifically derived top 10 antitrust ... Top Ten Antitrust Articles of 2008

The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions

Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions

Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"

Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration: 1. increased challenges of mergers and monopolization cases, especially at DOJ 2. more consumer protection work at the FTC with a push to more expansive consumer rights ... Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"

First Annual FTC Microeconomics Conference: November 6-7

I think conferences like this are an effective way to attract talented economists to work on interesting antitrust problems.  I can envision a similar event from the Bureau of Competition or policy shops featuring academic research from law and economics scholars.  Here’s the conference announcement: The Federal Trade Commission’s Bureau of Economics will host a ... First Annual FTC Microeconomics Conference: November 6-7

Teaching Antitrust

I’m two weeks into the semester here at UT, and the antitrust course.  I’ve made a few changes to the course this year.  Specifically, I’m using the new 2nd edition of the Gavil, Kovacic and Baker.  So far so good on that front on adjusting to the new edition.  Its an excellent textbook.  In large ... Teaching Antitrust

The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

The DC Circuit has reversed the district court in the Whole Foods case.  The opinion is here.  [HT:  Danny Sokol] As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review.  I wouldn’t be surprised if Thom is disappointed with the ... The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"

Interesting Panel on FTC Merger Litigation — June 5

Antitrusters in D.C. ought to head to the National Press Club at noon on Thursday, June 5. At that time, the Federalist Society’s Corporations, Securities, and Antitrust Practice Group will host a panel discussion entitled Assessing Recent FTC Merger Litigation: One Win, One Loss, One Tie. Here’s a description of the event: The Federal Trade ... Interesting Panel on FTC Merger Litigation — June 5