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A Defense of the Insurance Industry Antitrust Exemption?
The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here). In the latter of those two links I was somewhat critical of the DOJ for taking a neutral stance on the insurance industry exemption, which has now become rather wrapped up in the health care reform debate. ... A Defense of the Insurance Industry Antitrust Exemption?
Amazon vs. Macmillan: It's all about control
The Amazon vs. Macmillan controversy has been beaten to a pulp in the blogosphere. See Megan McArdle, John Scalzi, Joshua Gans, Virginia Postrel, Lynne Kiesling, Lynne Kielsing and Lynne Kiesling, among others. Pulp or no (get it? It’s a book/e-book pun), I haven’t seen anyone hit squarely on what I think is the crux of ... Amazon vs. Macmillan: It's all about control
Posner cites Wright
I’m sure it’s an honor just to be nominated. A recent opinion from Judge Posner cites our very own Josh Wright (Joshua D. Wright & Todd J. Zywicki, “Three Problematic Truths About the Consumer Financial Protection Agency Act of 2009,” Lombard Street, Sept. 14, 2009, available here) (by the way, the essay has drawn a ... Posner cites Wright
Brad DeLong is an ethics-free partisan ass
Steve Horwitz writes a short, lay piece on crowding out and job creation. Brad “smacks down” Steve Horowitz. Russ Roberts amplifies Horwitz with a nice point about the dangers of aggregation. David Henderson notes that Brad misses what Horwitz is really saying. Brad DeLong “smacks down” Steve Horwitz again, not acknowledging any of the criticisms. ... Brad DeLong is an ethics-free partisan ass
Wright’s Right on Posner
A couple of days ago, Josh wrote to correct the record on Judge Posner’s antitrust views. AAG Varney had implied that Posner has changed his views on antitrust and now favors a more interventionist antitrust policy. Josh helpfully pointed us to Posner’s own remarks, which do not support Ms. Varney’s “gloss.” Ms. Varney is not ... Wright’s Right on Posner
Delaware and the American Association of Law Schools
I had the opportunity to present Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice at the American Association of Law Schools conference session on Business Associations in January. It was an engaging experience that I found particularly fun as I am from Louisiana and used to live in New Orleans. The audience was ... Delaware and the American Association of Law Schools
Debunking the "pro-business" rationale for Section 5 enforcement
Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about stepped-up Section 5 enforcement at the FTC: The courts have pared back plaintiffs’ rights in antitrust cases. They’re concerned about what they believe to be the toxic combination of class ... Debunking the "pro-business" rationale for Section 5 enforcement
Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical. Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article. OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Meese & Richman on Ticketmaster/ Live Nation
Alan Meese (William and Mary) and Barak Richman (Duke), have an op-ed over at the Huffington Post on the Ticketmaster Live nation merger and settlement. They frame the DOJ decision to approve the merger as a victory of principle over politics and economic populism. Here is an excerpt: Many hoped that the Live Nation-Ticketmaster merger ... Meese & Richman on Ticketmaster/ Live Nation
Intepreting Empirical Evidence
So, there is some new evidence that state laws banning cell phone usage does not reduce accidents (HT: Orin Kerr). The Insurance Institute for Highway Safety study has gotten some attention in the media. See, for example, this NYT piece discussing the researchers “surprise” that they did not find the result they were looking for. ... Intepreting Empirical Evidence
Varney Gets It Right on RPM
Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference at NYU Law School. (Kudos to Danny Sokol for co-organizing what promises to be a terrific event!) My paper criticizes four proposed approaches to evaluating RPM post-Leegin, and it sets ... Varney Gets It Right on RPM
The SEC gets that old time climate religion. Hallelujah, praise Gore.
Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change. Commissioners Casey and Paredes voted to reject the proposed guidance. Everyone can agree that companies may have an obligation under Regulation S-K to disclose risks arising from, among other many things, climate ... The SEC gets that old time climate religion. Hallelujah, praise Gore.
