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

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Article 81 is dead! Long live Article 101!

The European Union has re-numbered its governing Articles following the entering into force of the Treaty of Lisbon.  So the former “Treaty Establishing the European Community” is now the “Treaty on the Functioning of the European Community.”  And the chapter on competition, former Articles 81 through 89, is now the new (and unchanged) Articles 101 ... Article 81 is dead! Long live Article 101!

Is Google or the government the problem?

Well, you probably know my answer to that one. I was interested to read Fred von Lohmann’s short take on the privacy aspects of the Google Books Settlement, available here. Fred and the EFF have, basically, two concerns.  The first is that [t]he products and services envisioned by the proposed settlement will give Google not ... Is Google or the government the problem?

DOJ Disconnect: Do we really need a roadshow?

And now for something completely different. Being the only non-lawyer economist in the group seems to warrant such a preface sometimes. Earlier this semester I received a call from a reporter for a nearby small-town newspaper. The DOJ had just announced its intent to hold a series of workshops jointly with the USDA to “explore ... DOJ Disconnect: Do we really need a roadshow?

Underappreciated Economists: UCLA Edition

I’m late to the “name your favorite underappeciated economist game” that was kicked off in light of John Cassidy’s Pigou column.  The Marginal Revolution crew points to Malthus and Fisher (Cowen and Tabarrok, respectively).  My first instinct is to go with Armen Alchian.  Though Armen has always been much appreciated on this blog.  So I’m ... Underappreciated Economists: UCLA Edition

Institute for Humane Studies Fellowships

Details here: Deadline: December 31Scholarships up to $12,000 for undergraduate or graduate study in the United States or abroad. Humane Studies Fellowships are awarded by the Institute for Humane Studies (IHS) to students interested in exploring the principles, practices, and institutions necessary for a free society through their academic work. IHS began the program in ... Institute for Humane Studies Fellowships

The Federal Reserve Under Attack

The WSJ describes how Chairman Bernanke is going on the offensive in advance of his confirmation hearings, using them as an opportunity to oppose those elements of the Dodd Bill that would strip the Fed of some of its powers.  However you feel about the policy debate, you’ve got to give him some credit for ... The Federal Reserve Under Attack

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

Antitrust News

The latest on the insurance industry antitrust exemption (still there, so far) The EU targets Standard & Poor’s The Bowl Championship Series hires Ari Fleischer Documenting the uptick in antitrust enforcement in the high-tech sector An interesting IP/antitrust case to watch

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.