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

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Credit card annual fees and the self-appointed consumer protectors

Adam Levitin has a blog post up responding to Todd Zywicki’s recent WSJ editorial on credit card interchange fees.  As most readers know, this is a topic of significant interest around here, and Josh blogged about Todd’s op-ed just yesterday.  I’m on vacation so I’ll be brief, but I thought Adam’s post was so wrong ... Credit card annual fees and the self-appointed consumer protectors

Yet More Evidence Against the DOJ's Antitrust Plantings

A couple weeks ago, Geoff wrote concerning the DOJ’s misguided antitrust interest in Monsanto. With that in mind, I was very interested to see today’s announcement that Monsanto’s earnings and gross margins are significantly off for its fiscal first quarter.  According to the Wall Street Journal report, Monsanto posted a loss for the quarter due ... Yet More Evidence Against the DOJ's Antitrust Plantings

Rhetoric Versus Reality, Part IV

Then-candidate Barack Obama, debating Senator Clinton on how to reform health care, January 31, 2008: But the last point I want to make has to do with how we’re going to actually get this plan done. You know, Ted Kennedy said that he is confident that we will get universal health care with me as ... Rhetoric Versus Reality, Part IV

Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics

I’m very pleased to report that my paper with Michael R. Baye (of the Kelley School of Business at Indiana University and formerly Director of the Bureau of Economics at the Federal Trade Commission), Is Antitrust Too Complicated For Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, has been accepted for ... Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics

Zywicki on Interchange Fee Legislation

My colleague (and TOTM Credit Card Symposium participant — posts here and here) Todd Zywicki has an excellent op-ed in the Wall Street Journal today on Congressional legislation aimed at regulating interchange fees.  Here’s an excerpt detailing the predictable economic consequences of the legislation: What would happen if the Merchants Payments Coalition gets its way ... Zywicki on Interchange Fee Legislation

Common Errors on Exams

I’ve been grading Contracts exams for the last week or so. This is where I earn my pay. It’s an awful job. The students take only one exam for the entire semester, so I really have to be careful to make sure I’m evaluating everyone fairly. Painstakingly reading and effectively ranking 75 three-hour essay exams ... Common Errors on Exams

My Top Ten Antitrust Publications of the Year

Danny Sokol posted his blog’s list of top antitrust publications for the year.  The big winners were Einer Elhauge, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harvard Law Review 397 (2009), and Nathan Miller, Strategic Leniency and Cartel Enforcement, American Economic Review.  In the holiday rush,  I forget to send ... My Top Ten Antitrust Publications of the Year

The Collected Works of Henry G. Manne

I’m delighted to report that the Liberty Fund has produced a three-volume collection of my dad’s oeuvre.  Fred McChesney edits, Jon Macey writes a new biography and Henry Butler, Steve Bainbridge and Jon Macey write introductions.  The collection can be ordered here. Here’s the description: As the founder of the Center for Law and Economics ... The Collected Works of Henry G. Manne

Shelf Space Contracts and Slotting Fees in Israeli Supermarkets

A TOTM reader sends me the following interesting development on an emerging dispute over shelf space competition in Israeli supermarkets: Israel’s Super-Sol to Aggressively Pursue Stocking Fees and Perhaps its Private Label Positioning Tel Aviv…Stocking shelves in an Israeli supermarket will henceforth cost manufacturers and distributors money, it was announced by the mega Super-Sol chain, ... Shelf Space Contracts and Slotting Fees in Israeli Supermarkets

Armentano in the WSJ, Abolition and Antitrust Fairy Tales …

Leading antitrust critic and abolitionist, Dominick Armentano, has a letter to the editor in the WSJ.  The point of the letter to the editor is rather specific: that FTC’s attack on Intel is no outlier in the historical context of antitrust enforcement, contrary to the WSJ’s description.  To the contrary, Armentano argues that Intel is ... Armentano in the WSJ, Abolition and Antitrust Fairy Tales …

Diversity for Corporate Boards

In its latest rulemaking, the Securities and Exchange Commission has included a provision amending its rules to require the Nominating Committee of a company Board of Directors to disclose whether and how diversity is used as a factor in nominating director candidates to the Board of Directors.  The new rule also includes a provision seeking comment ... Diversity for Corporate Boards

House Oversight Committee Hearing

 Here is my testimony before the House Oversight Committee hearing last week regarding implications of the government as a shareholder in TARP recipients, particularly Citigroup, AIG and GM.  It gave me a unique opportunity to continue discussing my Treasury Incorporated paper.  I certainly hope the members took notes, although I doubt it.  Nothing has been done since the last ... House Oversight Committee Hearing