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Blaming the D.C. Circuit for Regulatory Failure?

Washington Post columnist Steve Pearlstein offers a novel explanation for “regulatory failure.”  The D.C. Circuit, has, Pearlstein asserts, “has intimidated, undermined and demoralized the regulatory apparatus” by giving insufficient deference to regulators and “opinions that routinely ignore the plain language of statute and the clear intent of Congress.”   Pearlstein holds up three Republican appointees as ... Blaming the D.C. Circuit for Regulatory Failure?

DOJ Stumbling Out Of The Gate On Antitrust In Ag

Wednesday, April 7, J.P. Stadtmueller, U.S. District Court Judge for the Eastern District of Wisconsin, gave the green light for DOJ’s antitrust case against Dean Foods to move forward. Dean had filed a motion to dismiss based on its assertion that the DOJ had failed to provide sufficient evidence to support the DOJ’s antitrust claim ... DOJ Stumbling Out Of The Gate On Antitrust In Ag

Assessing the claims that the Google-AdMob merger will "leverage Google's dominance" and also kill kittens

News items continue to pile up suggesting that the FTC is likely to challenge Google’s acquisition of mobile application and website advertising provider, AdMob.  See this recent article from the Wall Street Journal.  News reports today contain this quote from an anonymous source: “The staff (at the U.S. Federal Trade Commission) believes there is a ... Assessing the claims that the Google-AdMob merger will "leverage Google's dominance" and also kill kittens

The New Paternalism at Cato Unbound

The excellent lead essay is from Glen Whitman, with responses planned from Richard Thaler, Jonathan Klick and Shane Frederick.  It should be a very interesting exchange.  Here is, in my view, one of Whitman’s best paragraphs: Nevertheless, Sunstein and Thaler (in Nudge) respond to the slippery-slope argument by saying we should “make progress on those ... The New Paternalism at Cato Unbound

"The Chicago School of Economics, which is essentially what you learned in Economics 101 back in college"

That is the latest salvo from Commissioner Rosch in discussing Judge Easterbrook’s opinion in Jones v. Harris.   I cant decide whether this strikes me as more offensive to the Chicago School of antitrust economics or to Judge Easterbrook.  Probably the latter. UPDATE:  Another line from the speech: “On Tuesday March 30th, in a 9-1 decision ... "The Chicago School of Economics, which is essentially what you learned in Economics 101 back in college"

The Economics of Celebrity Endorsements

Bob Greene (CNN) argues that celebrity endorsements are meaningless.  Worse than that, according to Greene, celebrity endorsements necessarily amount to a raw deal for consumers: This is all elementary. If someone accepts cash in exchange for offering a positive evaluation of something, then the evaluation must be tossed out. It’s worse than meaningless.  Yet in ... The Economics of Celebrity Endorsements

IP Colloquium: The First Sale Doctrine

For TOTM readers who might not know already, Professor Doug Lichtman (UCLA) has put together a great series of programs over at IP Colloquium. The IP Colloquium is an online audio program focused on patent and copyright issues where Professor Lichtman interviews guests from academia, business, and the judiciary to discuss current topics (archives available ... IP Colloquium: The First Sale Doctrine

Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?

The Wall Street Journal is reporting that major institutional investors — CalPERS, CalSTRS, the Teacher Retirement System of Texas, etc. — have collectively adopted a set of recommended practices that is “rankling” private equity firms. Had I not discussed the article in my Antitrust class, I’d use it as the basis for an exam question. ... Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?

"So when you listen to economists, you're listening to amateurs"

So says David Zaring over at the Conglomerate — at least when it comes to the topic of regulation.  I don’t buy it.   Anyway, here’s the complete quote for context: Economists love to suggest new regulatory structures (or, more often, why they will not work).  But, of course, they have no training in regulation, and ... "So when you listen to economists, you're listening to amateurs"

"Like A Rain Dance That Produces No Clouds"

My colleague Tom Hazlett, along with George Bittlingmayer and Arthur Havenner, provides some economic wisdom on why they don’t call it stimulus anymore: Counter to the predictions put forward a year ago by the Administration, when it claimed that “more than 90 percent of the jobs created are likely to be in the private sector,” ... "Like A Rain Dance That Produces No Clouds"

The Market Responds

The final vote hasn’t even been taken to “fix” the omnibus (or ominous) health care “reform” legislation that President Obama signed into law this week, and already the first volley of the market’s response has been sounded.  Today’s Wall Street Journal Online reports that “Prices of most Treasury notes and bonds were lower after relatively ... The Market Responds

Maybe We’ll Get Us a Calorie Czar!

Yesterday, Todd predicted that Obamacare will result in greater government involvement in heretofore private decisions that impact health. Since the government is now going to pay (via insurance subsidies) for many more Americans’ health care, it has a much stronger interest in how they live. So do we taxpayers who must pay for the government’s ... Maybe We’ll Get Us a Calorie Czar!