Showing results for: “digital markets act”
Why Wasn't Belichick Suspended?
An assistant coach takes a substance banned by the NFL to treat diabetes. He is fined one third of his salary and suspended for 5 games. An NFL head coach violates an NFL rule concerning videotaping the opposition during a game from the sideline for fear that such conduct might impact the outcome of the ... Why Wasn't Belichick Suspended?
More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Steven Davidoff responded to my blog here last week regarding Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. and made the excellent point that just how bad for Merrill the representation I quoted really was depends in part on the limitations on indemnification that were included in the purchase agreement. For example, if the ... More on Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Last week the Second Circuit Court of Appeals decided Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. (available here), which involved fraudulent inducement and breach of warranty claims in connection with a business combination agreement. The case is a straightforward application of familiar principles of blackletter law. I mention it because of certain highly ... Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Interesting Section 2 Developments
A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.). First, the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth reversed the district court’s Lepage’s based jury instruction in ... Interesting Section 2 Developments
Larry Craig, Coordination Crimes, and the Weirdest Law School Paper Ever
One question has come up several times in conversations I’ve had about the very sad Larry Craig matter: What’s the deal with the foot-tapping? I’m surprised at how many people were unaware of this signal. The women, I suppose, could be forgiven. But the ignorant men are not so easily excused. Do they just ignore ... Larry Craig, Coordination Crimes, and the Weirdest Law School Paper Ever
Law School Specialization @ UC Irvine?
Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than within the law school. Larry discusses a recent potential example of this form of diversity at UC Irvine which has communicated an apparent interest specialization in the form of a ... Law School Specialization @ UC Irvine?
Our "Protective" FDA
The FDA, it seems, is rejecting more new drugs. The agency approved only 61 percent of 2007 drug applications through mid-August, down from 73 percent in the same period last year. A new report by James Kumpel of Friedman, Billings, Ramsey & Co. shows that FDA approvals of drugs made from new chemical compounds are ... Our "Protective" FDA
I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
I’m not one to gloat. Ok, yes i am. As Thom indicated, the court reached what I believe is the right result in the Whole Foods case yesterday. I’ve been beating this drum since the merger challenge was announced (I won’t bother linking, yet again, to the series of posts. Search for “Whole Foods” up ... I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
While the antitrust nerds of the world (including yours truly) have been all atwitter over Leegin’s renunciation of Dr. Miles, another antitrust decision from October Term 2006 may turn out to be more significant in the long run. I’m speaking of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., in which the Supreme Court considered whether ... Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review of the term as “not especially honest” and discusses a few cases there. So what does Chemerinsky make of the recent antitrust decisions? Your hint is that the section is titled: ... Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
How to Survive A Motion to Dismiss After Twombly
David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor ... How to Survive A Motion to Dismiss After Twombly
Symposium on Empirical Antitrust in the Antitrust Law Journal
The application of empirical economic methods in antitrust can and should play an important, even central, role in the development of sound competition policy. For example, former FTC Chairman Tim Muris explicitly made the case that empirical examination of the economic foundations of antitrust could improve antitrust policy making and undertook efforts to make such ... Symposium on Empirical Antitrust in the Antitrust Law Journal
