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Welcome new TOTM blogger Todd Henderson

We are delighted to announce the addition of another new permanent blogger here at TOTM:  University of Chicago law professor Todd Henderson.  Like Thom, Todd is a member of the venerable University of Chicago Law School class of 1998 (second only to the most-venerable class of 1997!).  Todd is an expert in corporate law and ... Welcome new TOTM blogger Todd Henderson

Debating Google

Apologies for the late notice on this.  Last week I was on a Federalist Society panel discussing Google’s antitrust issues with Rick Rule, Susan Creighton and Scott Cleland.  The event description follows, and you can find audio of the panel here.  It was an interesting discussion, full of nice ironies in that Microsoft’s chief outside ... Debating Google

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted ... Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

Another Mis-step in Reactionary Regulation

Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment banks. Apparently Rep. Hinchey is preparing a similar assault in the House. The purpose behind the proposal, according to Ms. Cantwell, is so that “banks will stop diverting resources to ... Another Mis-step in Reactionary Regulation

It's a Section 5!

The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting. Chairman Leibowitz’ statement is here.  Most notable at first glance is that this is being brought primarily ... It's a Section 5!

The seeds of an antitrust disaster

If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year:  The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market. The AP reports: ... The seeds of an antitrust disaster

Stossel Returns

An announcement from John Stossel: It’s finally here – my new Fox Business show!  Fox fittingly has titled it, Stossel.  It premieres Thursday at 8 p.m.  It will repeat Fridays at 10 p.m., where I’ll be up against my old program, 20/20. FBN has given me an opportunity to do 44 TV shows on what ... Stossel Returns

Searle Center Preliminary Report on State Consumer Protection Acts

The Searle Center Civil Justice Institute has announced the release of its preliminary report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation.   You can read the Executive Summary here.  As the Searle Center State Consumer Protection Acts Task Force Chair, I’ve been involved in the data collection, analysis, and drafting of this ... Searle Center Preliminary Report on State Consumer Protection Acts

Robert Rhee on Nationalization in a Time of Crisis

I have spent the better part of the year studying the consequences of government ownership in the private sector, see Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice.  I recently had the opportunity to read a new paper from Robert Rhee that examines the issue from a different point of view, Nationalization of ... Robert Rhee on Nationalization in a Time of Crisis

Informational Cascades, Reputational Cascades, Group Polarization, and the Climate Emails

It’s been interesting to observe the responses to the hacked emails from the Climate Research Unit at the University of East Anglia. The emails seem to show leading global warming scientists massaging data to generate the result they prefer (i.e., “I’ve just completed Mike’s Nature trick of adding in the real temps to each series ... Informational Cascades, Reputational Cascades, Group Polarization, and the Climate Emails

Symposium Wrap Up

Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these entries will be helpful in the ongoing debate over credit cards and interchange fees. A concluding point or two: Credit card networks are incredibly complex, and no one fully understands ... Symposium Wrap Up

The Institutional Dynamic: Understand First, Act Second—If At All

I have now had a chance to review the excellent posts on the second day, all of which have a common flavor.  They expand the universe of relative considerations that need to be taken into account to decide whether imposing caps on interchange fees enhances or reduces overall social welfare.  The narrow perspective on this ... The Institutional Dynamic: Understand First, Act Second—If At All