The Archives

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

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Capitalism on film

Although I wasn’t doing any blogging the last couple of weeks, one of my theories was out there frolicking on its own. Now that I’m back, it’s time to do a little cleaning up. I was chagrined by the attention I received from Marc Abrahams, identified as “editor of the bimonthly Annals of Improbable Research ... Capitalism on film

Why Congress Should Reject the FTC’s Request for a Trinko Exemption

One of the most significant issues in current US antitrust policy has been the Federal Trade Commission’s attempt to avoid some of the rigorous requirements imposed by Section 2 of the Sherman Act in monopolization cases by expanding FTC authority under Section 5 of the Federal Trade Commission Act (FTCA). This issue is nothing new. ... Why Congress Should Reject the FTC’s Request for a Trinko Exemption

Some Links

TOTM guest blogger Steve Salop makes the case for Vertical Merger Guidelines National Supermarkets Association files class action interchange-based antitrust suit against American Express (apparently alleging the relevant market is “American Express payment card services”!) Dell puts aside $100 million reserve fund in case it has to settle the SEC allegations we blogged about here ... Some Links

An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

As readers of TOTM know, I’ve been critical of both the Federal Trade Commission’s Complaint against Intel from a consumer welfare perspective as well as the wobbly intellectual underpinnings of the Commission’s attempt to expand its FTC Act Section 5 authority to evade (see also here) the more stringent monopolization standards under Section 2 of ... An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

Intel, Dell, and Some Costs of Disclosing Rebates

Intel’s rebates are apparently given rise to a potentially whole new class of suits based on the notion recipients of the rebates at the center of the Commission’s antitrust action should have been disclosed.   The WSJ reports: Dell said last week that it and Mr. Dell were in talks with the Securities and Exchange ... Intel, Dell, and Some Costs of Disclosing Rebates

Antitrust Law and Economics

Antitrust Law and Economics, a volume edited by Keith Hylton, is now available from Edward Elgar Publishing.  Here is the description: This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via ... Antitrust Law and Economics

We’re Back!

Our apologies again for the interrupted service.  In light of some spam attacks and other problems, we’ve been in a slow and painful process of switching to a more stable and secure platform on WordPress.  While we were at it, we’ve updated our look a little bit as well, with more possibly to come in ... We’re Back!

Congratulations to ICLE Research Fellow Judd Stone

Congratulations to International Center for Law and Economics Research Fellow — also my former George Mason law student, long-time research assistant, and now co-author — and Northwestern University School of Law graduate, Judd Stone.  Judd somehow managed to finish his 3L year at Northwestern Law with with a “perfect” semester involving 5 A+’s in 5 ... Congratulations to ICLE Research Fellow Judd Stone

Two Submissions to the Horizontal Merger Guidelines Review Project

This week, I submitted two comments to the Horizontal Merger Guidelines Revision Project. The first, submitted with a group of economists focusing on the use of price/cost margins in merger analysis.  The submission lays out the basic relationship between margins and elasticities that flows from the profit-maximization assumption, and then discusses several of the factors ... Two Submissions to the Horizontal Merger Guidelines Review Project

Externalities and Future Selves

Paternalism is a turn-off. We humans seem to have an innate desire for autonomy, a desire that generally leads us to resist efforts by elites to force us to make “wise” decisions. It’s rhetorically useful, then, for opponents of a proposed regulation to demonstrate that the rule at issue aims merely to save folks from ... Externalities and Future Selves

Our Apologies for the Interrupted Service

Our apologies for the intermittent posting.  We’ve had some technical difficulties to work out after being shut down from spam attacks on a few occasions of late (some of you may have noticed a pottery website that was parked here while we were shut down).  While we might be upgrading and cleaning the place up ... Our Apologies for the Interrupted Service

The Economics and Regulation of Payment Card Interchange Fees: Paper and Conference

Two related items from ICLE: As regular readers know, interchange fees are a frequent topic of conversation around the blog.  Taking the conversation from the ether to the real world, ICLE has funded a white paper and is putting on a conference next week on the topic.  The conference, in fact, grows out of the ... The Economics and Regulation of Payment Card Interchange Fees: Paper and Conference