The Archives

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

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Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Economic theory is essential to antitrust law.  It is economic analysis that constrains antitrust law and harnesses it so that it is used to protect consumers rather than competitors.  And the relationship between economics and antitrust is responsible for the successful evolution of antitrust from its economically incoherent origins to its present state.  In my ... Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

As his Council of Economic Advisers made clear in its recent health care report, President Obama sees two primary goals for his health care reform efforts: to slow the growth of health care costs and to expand coverage of health insurance. It’s pretty clear, though, which of these goals is steering the ship. While the ... Expanding Insurance Coverage Is Not the Way to Reduce Health Care Costs

Will Section 2 Thwart the DOJ's New Antitrust Agenda?

George Priest has an excellent op-ed in the WSJ correctly calling out the Justice Department’s new Assistant Attorney General Christine Varney for attributing the financial crisis to a lack of antitrust enforcement: Assistant Attorney General for Antitrust Christine Varney claims that the Justice Department can aid economic recovery by prosecuting businesses that have been successful ... Will Section 2 Thwart the DOJ's New Antitrust Agenda?

Government Ownership of GM: Hands-Off Rhetoric Versus Jawboning Reality

In his recent speech on the GM bankruptcy, President Obama reassured Americans that the government, which now holds 60% of GM’s stock, is not going to try to take over management of the company: What we are not doing, what I have no interest in doing, is running GM. GM will be run by a ... Government Ownership of GM: Hands-Off Rhetoric Versus Jawboning Reality

Dear Mr. Toobin

Jeff Toobin has an interesting profile on John Roberts in the New Yorker (HT: Jonathan Adler who also takes issue with Toobin’s description of Leegin, but goes on to challenge Toobin’s general account of Roberts as a “stealth nominee”).   Toobin’s column has very little to do with antitrust.  with the exception of one sentence describing ... Dear Mr. Toobin

Economics in one lesson

Several people, including Josh, have drawn my attention to John Hasnas’ excellent op-ed on the Sotomayor nomination in the WSJ last week.  Just in case you don’t read the same blogs I do, I thought I’d highlight it here.  It is brilliant.  Here’s a taste: One can have compassion for workers who lose their jobs ... Economics in one lesson

Revisionist corporate governance

If you haven’t been living under a rock recently, you’ve seen an incredible amount of hand wringing–and proposed regulation–around “excessive compensation.”  I’m a little too lazy to amass all the relevant links here, but both the administration and the congress are introducing regulations/bills and talking about the issue extensively. Commentators, too, have gotten in on ... Revisionist corporate governance

Some Links

A few blog posts that caught me eye today: Justin Wolfers with an accessible explanation of the identification problem with broadband usage data WSJ: The rumored EU remedy for the “new” Microsoft browser case — requiring the firm to distribute its product with “a so-called ballot screen that would present a new computer user with ... Some Links

Together Again: The FTC and DOJ Join Forces in American Needle v. NFL

The FTC joined the DOJ brief in American Needle v. National Football League arguing that the Supreme Court should deny certiorari.  The brief characterizes the question presented as: Whether NFLP, the NFL, and the teams functioned as a “single entity” when granting the company an exclusive headwear license and therefore could not violate Section 1 ... Together Again: The FTC and DOJ Join Forces in American Needle v. NFL

Lambert's Latest on RPM in the William and Mary Law Review

The law and economics of RPM have been a frequent topic of discussion here for Thom and I especially, ranging from the empirical evidence on RPM, to competitive resale price maintenance without free riding, to the inappropriate use of the term “price-fixing” by journalists some who should know better to describe RPM,  to the Commission’s ... Lambert's Latest on RPM in the William and Mary Law Review

Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law

I have been asked a few times today to opine, as a corporate and securities law scholar, on President Obama’s nomination of Judge Sonia Sotomayor for the Supreme Court.  (Cnn.com has a couple of quotes reflecting my thoughts.) I have three main comments: First, this is a pivotal time in American securities and corporate law jurisprudence.  ... Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law

Hylton, Manne and Wright in The Deal on Varney's Withdrawal of the Section 2 Report

Available here.  An excerpt: But wholesale rejection of the document — the most complete statement to date on the law and economics of Section 2 — because of disagreement with some of its positions is irresponsible and premature. And the rejection of specific conclusions from among the range of possibilities discussed in the report without ... Hylton, Manne and Wright in The Deal on Varney's Withdrawal of the Section 2 Report