Showing results for: “loyalty discounts”
A Response to Commissioner Harbour’s "Open Letter" on Leegin
Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.] Leegin, as regular TOTM readers know, will test the continued vitality of Dr. Miles, the 1911 decision making it per se illegal for manufacturers and retailers to agree on minimum retail ... A Response to Commissioner Harbour’s "Open Letter" on Leegin
"Loyal" Directors in Delaware
In November of 2006, the Delaware Supreme Court issued an opinion in Stone v. Ritter dealing with a director’s fiduciary duties in cases where the complaining plaintiff-shareholder is maintaing that her directors did not sufficiently monitor their corporate charge. (I refer to these “oversight” cases loosely as “asleep at the wheel” cases.) There has been ... "Loyal" Directors in Delaware
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
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
Bundled Discounts Remarks (More to Come…)
In response to Josh’s gentle nudge, here are my remarks from Wednesday’s DOJ/FTC hearing on loyalty discounts. I focus entirely on bundled discounts (as opposed to single-product loyalty discounts, like volume or market-share discounts). Bundled discounts are discounts (or rebates) that are conditioned upon purchasing separate products from disparate product markets — e.g., “we’ll give ... Bundled Discounts Remarks (More to Come…)
Crane's Section 2 Hearings Testimony on Loyalty Discounts
Dan Crane (Antitrust Review, Cardozo) has graciously posted his testimony for Wednesday’s FTC/ DOJ Section 2 Hearings on Loyalty Discounts. Readers familiar with Crane’s scholarship on bundled discounts in the Chicago Law Review and Emory Law Journal will not be surprised that it is thorough, careful, mindful of the role that administrative costs should play ... Crane's Section 2 Hearings Testimony on Loyalty Discounts
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
FTC/ DOJ Section 2 Hearings Continue
The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig. This link contains presentation materials and will eventually, ... FTC/ DOJ Section 2 Hearings Continue
Nobel Speculation and Some Very Casual Empiricism
With the Econ Nobel (or for those who feel better using the official label, the “Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel” … ) to be announced on Monday, the time is ripe for speculation. Greg Mankiw, Don Boudreaux, the WSJ, and Tyler Cowen have chimed in on the frontrunners. Cowen ... Nobel Speculation and Some Very Casual Empiricism
Mutual Fund Voting
The W$J ran a story earlier in the week on mutual fund voting (see here). The story reported on the somewhat old news that academic research has “found no evidence of fund companies tailoring their votes to specific business relationships,” contrary to earlier claims by shareholder activists. The article is nonetheless of interest because it ... Mutual Fund Voting
J&J’s Bundled Discounts Victory
As reported here, Johnson & Johnson scored a major victory last week in a case challenging some of its discounting practices. The jury concluded that J&J had not engaged in monopolization of the market for “trocars,” which are sharp cylindrical devices used in endoscopic surgery. Plaintiff Applied Medical Resources Corp., which sells trocars that compete ... J&J’s Bundled Discounts Victory
Hovenkamp on Slotting, Discounts, and Competition for Distribution
Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am looking forward to Thom’s review in the Texas Law Review, and wholeheartedly agree with him that Hovenkamp’s book is an important and significant contribution to the antitrust literature (see also ... Hovenkamp on Slotting, Discounts, and Competition for Distribution
