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New EU Antitrust Chief: Joaquin Almunia
Joaquin Almunia, described by the WSJ story as a Spanish socialist. Almunia’s current charge has been to help craft the EU’s response to the financial crisis: In his current job, Mr. Almunia, 61 years old, has been in the thick of the EU’s response to the financial crisis, though the economic-affairs post has little regulatory ... New EU Antitrust Chief: Joaquin Almunia
ELS, CELS and Bubbles in Legal Scholarship
Some interesting thoughts from David Zaring and Larry Ribstein on the future of the empirical legal studies movement and its flagship conference, CELS. Zaring asks whether there is enough glue holding the various constituencies within the ELS movement together. Ribstein warns of an empirical bubble and argues that the real need for an umbrella organization ... ELS, CELS and Bubbles in Legal Scholarship
Watch CELS on the Web
If you cannot attend this year’s excellent looking (program here) Conference on Empirical Legal Studies, which is at USC Friday and Saturday, you can watch the webcast of the panels here. This is a pretty nifty addition to the conference and one that I appreciate as I’ll be missing it this year. Unfortunately, not much ... Watch CELS on the Web
A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance
My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created by the Supreme Court’s 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. The Leegin Court held that instances of ... A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance
New Federal Trade Commission Nominees Julie Brill and Edith Ramirez
The President has announced his intention to nominate two new Federal Trade Commissioners: Julie Brill and Edith Ramirez. Brill comes from a State AG background (Vermont and most recently North Carolina). Ramirez was a partner at Quinn Emanuel whose bio suggests significant experience in litigating intellectual property and other commercial contract disputes.
Is the Intel/AMD Settlement Illegal?
So, AMD and Intel settled. Its a case we’ve covered here in significant detail. Terms haven’t been announced publicly. AAI has predictably argued that the settlement shouldn’t preclude further enforcement action from NY and the FTC. The NY Times suggests the same. They may be right, although Herb Hovenkamp, among others, has suggested that the ... Is the Intel/AMD Settlement Illegal?
PeaceHealth and De Facto Exclusive Dealing, Part III
Josh’s thoughtful response (Bitchslap? Nah.) to my post criticizing the Ninth Circuit’s recent Masimo decision raises a number of important matters. I started to just submit a comment to Josh’s post, but then I figured a reply was post-worthy. (I don’t want the antitrust nerds who read these technical posts — and here’s to you, ... PeaceHealth and De Facto Exclusive Dealing, Part III
Hedge Funds & The SEC
Thanks so much to my new colleagues at Truth on the Market for inviting me to join an impressive group of scholars on a blog I have followed for many years now. Chairman Frank of House Financial Services has an interesting thought on how to prevent the next financial crisis. Let’s require hedge funds, along ... Hedge Funds & The SEC
Gelbach, Helland and Klick on Single Firm, Single Event Studies
Larry Ribstein points to the new paper from Gelbach, Helland and Klick on Valid Inference in Single Firm, Single Event Studies. This is an important paper with implications for finance, securities litigation and antitrust where event studies are frequently used as economic expert evidence. Ribstein gives a good, non-technical explanation of its contribution: Essentially what’s ... Gelbach, Helland and Klick on Single Firm, Single Event Studies
Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Thom answers this question in the affirmative in his excellent post about the Ninth Circuit’s analysis in Masimo and is disappointed that the Ninth Circuit rejected the discount attribution standard as the sole test for Section 2 in favor of a separate inquiry as to whether the bundled discount arrangement resulted in a substantial foreclosure ... Should PeaceHealth Apply to De Facto Exclusive Dealing Claims?
Hayek and the Fall of the Wall
As we reflect back on the remarkable events of twenty years ago, and as we witness more and more centralized economic planning in our own society, we should pause to remember what the fall of the wall revealed. Consider Alan Greenspan’s account (The Age of Turbulence, pp. 131-32): Controlled experiments almost never happen in economics. ... Hayek and the Fall of the Wall
Oracle is nonplussed; the DOJ is . . . plussed?
The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun. The deal had already cleared the DOJ’s review. Oracle is none too happy about the development, issuing a strongly-worded statement. Here’s a taste: The database market is intensely competitive with at least eight strong players, including IBM, Microsoft, ... Oracle is nonplussed; the DOJ is . . . plussed?
