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Ag Antitrust and the Packers & Stockyards Act
The theme of the newest issue of the CPI Antitrust Chronicle focuses on agriculture and antitrust. The issue includes a paper by yours truly on the difficulties of effectively using the Packers & Stockyards Act of 1921 as an alternate means for enforcing competition policy in the agriculture sector (see here; also available at SSRN ... Ag Antitrust and the Packers & Stockyards Act
Section 5, Collateral Consequences, and Counting Unicorns
Judge Frank Easterbrook once opined that observing predatory pricing was a bit like seeing a unicorn — in the sense that it was a phenomena around which there was much lore but not much empirical evidence. The debate over the current expansion of Section 5 liability increasingly has become about the search for a different ... Section 5, Collateral Consequences, and Counting Unicorns
Financial Regulation Career Advice
The worst vice is advice, but then again I have so many vices why stop here. I recently put together an email for my securities regulation students to share what little I know that might be useful to their careers, and thought I would offer it to the TOTM community. This advice is intended both ... Financial Regulation Career Advice
A Follow Up on the Cato Unbound Conversation on New Paternalism
Two weeks ago I highlighted the promising looking Cato Unbound forum on the new paternalism kicked off by Glen Whitman, with follow up posts and responses from the King (or co-King along with Cass Sunstein) of Nudge, Richard Thaler, along with Jonathan Klick and Shane Frederick. I was really excited about the forum, because I ... A Follow Up on the Cato Unbound Conversation on New Paternalism
Market Definition and Margins in the New Guidelines
I’m still working through the 2010 Horizontal Merger Guidelines, and like Dan, I find myself puzzling over some of the revisions, and in favor of others. I wanted to start with some first impressions. The big movement here, is that the new HMGs repudiate the market definition requirement in the new Section 4 and in ... Market Definition and Margins in the New Guidelines
Harvard Law Review Smacks Around FTC Blogging Rules
See here (HT: Overlawyered): Recently, the Federal Trade Commission (FTC) revised their Endorsement and Testimonial Guides (Guides) to cover “consumer generated media” such as blogs and other internet media forms.1 In the interest of providing consumers with full disclosure, the Guides require bloggers to disclose any “material connection[s]” they have with producers of any products ... Harvard Law Review Smacks Around FTC Blogging Rules
Whoa There, Big Fellows!
The DoJ/FTC revised merger guidelines, released as a draft for public comment yesterday, have me scratching my head. I need to spend more time with them before I come to any strong views, but the obvious issue-spotter is the elimination of market definition as a necessary step in the analysis. So we all know that ... Whoa There, Big Fellows!
Proposed Merger Guidelines Released
The FTC/ DOJ have released the new proposed horizontal merger guidelines. The public comment period with the Commission ends May 20th. There is a lot to evaluate here. On a quick read through, here are a few of my noted as either changes or interesting as I went through: “Market definition is not an end ... Proposed Merger Guidelines Released
In Defense of Twombly/ Iqbal
See here (Drug & Device Law Blog). There is a ton there, including a discussion of the cases and secondary literature criticizing Twombly/ Iqbal. Here’s a taste: On the question of Twombly/Iqbal, we’re litigators, not professors, so we don’t have the time or inclination to create fancy theoretical constructs such as “plaintiff neutrality principles.” Effron ... In Defense of Twombly/ Iqbal
Some Warnings for Modern Pigovians (from Pigou Himself)
We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)
Investor's Bill of Rights
This week the Senate is scheduled to hear debate over the latest financial regulation reform bill (also known as the Dodd Bill). Part of the Dodd Bill incorporated aspects from a bill from Senator Schumer introduced last summer, against which I testified, called the “Shareholder’s Bill of Rights.” In light of this week’s momentous events, ... Investor's Bill of Rights
David Balto (and the FTC) gets it woefully wrong on Intel
David Balto has penned a short apologia of the FTC’s Intel case (HT: Danny Sokol). Unfortunately his defense (and, unfortunately, the FTC’s case) is woefully misguided. Balto writes: Intel has been clearly dominant in the market for central processing units (CPUs) with between 80 percent and 98 percent of the market. The practices at issue ... David Balto (and the FTC) gets it woefully wrong on Intel
