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Note to Simon Johnson: I do not think antitrust means what you think it means

Simon Johnson is at it again, advocating the use of antitrust to break up the banks because they are, you know, big, and antitrust is about busting up big companies, right? As Josh suggested back in July, the idea is gaining momentum, it seems.  The Financial Times is also pushing the idea.  What’s remarkable about ... Note to Simon Johnson: I do not think antitrust means what you think it means

Monsanto's licensing case victory

As regular readers know, we’ve been following with (critical) interest the antitrust issues surrounding the seed industry in general and Monsanto in particular.  See, for example posts by me or Mike here, here and here. As you may not know, Monsanto and Pioneer (a DuPont subsidiary) have been engaged in a heated contract and patent ... Monsanto's licensing case victory

The problem with paper payments

Jim Van Dyke (who contributed to our interchange symposium) has an interesting post up today recounting a brief glimpse of life without payment cards: What would a day without payment cards be like? I had a glimpse into that just this morning, when my usual Bay Area morning routine of using my prepaid card to ... The problem with paper payments

Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit

Gretchen Morgenson doesn’t want poor people to have access to consumer credit. At least, that’s what I think she’s saying in her rambling NYT column this week. Congress and federal regulators have recently taken a number of actions that will make it tougher for riskier customers to access consumer credit. First there was the Credit ... Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit

The NFL As A Single Firm?

When I first read Josh’s post of antitrust links below, I thought “Drew Brees? Surely not THAT Drew Brees.”  Turns out, it IS that Drew Brees. I was very interested to read the QB’s take on American Needle and his plead for the Supreme Court to reject the NFL’s petition to be deemed “a single ... The NFL As A Single Firm?

Some Antitrust Links

Drew Brees on American Needle (HT: Antitrust Review) Is the DOJ gearing up to litigate Ticketmaster-Live Nation?  (my favorite quote comes from this linked article: “Politically, you wouldn’t get in trouble for challenging the deal because everyone hates it, but articulating an antitrust theory is more difficult”) A wrap up of ACP’s Section 5/ Intel ... Some Antitrust Links

Evading Section Two, Two Ways: The Commission's Cases Against McCormick and Intel

Yesterday, in my contribution to the Antitrust & Competition Policy Blog’s Section 5 symposium, I discussed the FTC’s use of Section 5 to evade the tough standards facing plaintiffs bringing Section 2 claims and how that evasion was likely to cost consumers by stripping out the error-cost protections embedded in modern monopolization law.  I also ... Evading Section Two, Two Ways: The Commission's Cases Against McCormick and Intel

The case against the section 5 case against Intel, redux (cross-posted)

As Josh noted in cross-posting his comment on Section 5 and Intel, Antitrust & Competition Policy Blog is hosting a symposium on the role of FTC Act Section 5 in light of Intel.  Josh’s contribution at AC&P is available here, along with the other symposium participants.  I, too, have contributed a post, likewise cross-posted here.  ... The case against the section 5 case against Intel, redux (cross-posted)

David Evans Makes the Case Against Revamping Consumer Protection

Economist, co-author, and sometimes TOTM guest David Evans (UCL, University of Chicago School of Law) has an excellent note on “Why Now is Not the Right Time To Revamp Consumer Protection,” based on remarks made at the New York Federal Reserve Board-New York University Conference on Regulating Consumer Financial Products yesterday in New York.  Evans ... David Evans Makes the Case Against Revamping Consumer Protection

A Christmas story

The best gift I got this Christmas – other than my collection of DVDs about the Pittsburgh Steelers six Super Bowl titles – was the chance to overhear a story that beautifully captures what I think is the biggest obstacle to sensible policy making at all levels. I was at a party, attired in snowman ... A Christmas story

The Case Against the Section 5 Case Against Intel (Cross-Posted)

Antitrust & Competition Policy Blog is hosting a symposium on The Role of FTC Act Section 5 in Light of Intel.  Today’s contributions include Dan Crane (Michigan), Keith Hylton (BU), Bob Lande (Baltimore) and me.   Up tomorrow will be TOTM’s Geoff Manne, Sean Heather (US Chamber), and Herbert Hovenkamp (Iowa).  My contribution is available here, ... The Case Against the Section 5 Case Against Intel (Cross-Posted)

The faulty logic of "protecting" consumers from the absence of annual fees

Our friend and University of Chicago law professor, Omri Ben-Shahar, fresh off a run participating in our credit card interchange fee symposium, has penned a guest post following up on our ongoing discussion of annual fees: There is no annual fee for shopping at Wal-Mart, but there is an annual fee for shopping at Sam’s ... The faulty logic of "protecting" consumers from the absence of annual fees