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

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If A Tree Falls in a Forest and Nobody Hears It, Did the Bush Antitrust Division Cut It Down?

The NYT ran an unsigned editorial on “Intel and Competition” that, quite frankly, doesn’t make much sense to us.  It offers two basic arguments: (1) that the Bush administration DOJ is responsible for the state of Section 2 law requirement that plaintiffs demonstrate actual consumer harm, and (2) that foreign antitrust jurisdictions’ pursuit of enforcement ... If A Tree Falls in a Forest and Nobody Hears It, Did the Bush Antitrust Division Cut It Down?

Peter Klein Throws Cold Water on New Economy Talk

Peter Klein of Organizations and Markets blog-fame kicked off the George Mason/ Microsoft Conference on the Law and Economics of Innovation a few weeks back with a talk on “Does the New Economy Need New A Economics?”   His answer: No.  This week, Peter takes aim at Wired’s Chris Anderson who predicts a massive shift toward ... Peter Klein Throws Cold Water on New Economy Talk

CPI Webinar: Economic and Legal Analysis of Collusion

Competition Policy International has announced its next Webinar, featuring Professors Bajari and Abrantes-Metz on the economic and legal analysis of collusion.  I’ve had a blast doing these lectures the last couple of weeks teaching Antitrust Economics 101, and will be finishing up the third lecture this week (after covering basic demand side and supply side ... CPI Webinar: Economic and Legal Analysis of Collusion

RPM Workshop Testimony

I’ll be testifying tomorrow at the Federal Trade Commission hearings on Resale Price Maintenance.   My panel will focus on rule of reason analysis of RPM Post-Leegin.  There is a bit of awkwardness testifying about different modes of rule of reason analysis with legislation that would restore the Dr. Miles per se rule pending, but it ... RPM Workshop Testimony

Hylton, Manne and Wright in Forbes on Intel, Section 2 and Monopolization in the US

Available here.  Here’s an excerpt: It turns out that it is a very difficult business to identify the few cases when low prices and aggressive competition might perversely end up harming consumers in the long run rather than simply making them better off. And the cost of erroneous antitrust enforcement, such as mistakenly condemning Intel’s ... Hylton, Manne and Wright in Forbes on Intel, Section 2 and Monopolization in the US

Zywicki on Chrysler and The Rule of Law

My colleague Todd Zywicki has a must read op-ed in the WSJ.  Here’s an excerpt: The Obama administration’s behavior in the Chrysler bankruptcy is a profound challenge to the rule of law. Secured creditors — entitled to first priority payment under the “absolute priority rule” — have been browbeaten by an American president into accepting ... Zywicki on Chrysler and The Rule of Law

The EU Intel Decision, Error Costs, and What Happens in the US?

Reacting to the EU fines imposed on Intel, Geoff raises a nice point about the difficulty of constructing the but-for world in antitrust cases generally, but particularly in cases where prices are falling.   This discussion reminded me of Thom’s excellent post responding to the NYT editorial and an AAI working paper and putting theoretical anticompetitive ... The EU Intel Decision, Error Costs, and What Happens in the US?

Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

Our own Josh Wright is quoted in the lead article in today’s Wall Street Journal. Josh opines that the European Union’s record $1.45 billion fine against Intel for lowering its prices on granting “exclusionary” rebates on microprocessors means that FTC action against Intel is “much more likely than it was two weeks ago.” And what ... Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

A quick note on Intel

I am curious about something.  AMD and Intel have been competing head to head for more than 15 years, at least since AMD released its Intel 386 clone in the early 90s.  In that time, inarguably, microprocessor prices have plumeted and  processing power and other features have increased dramatically (I’m aware that we don’t know ... A quick note on Intel

Section 2 Report Quick Reactions

A few quick reactions to the repudiation of the Section 2 Report, and more importantly, what it means for the future of monopolization enforcement: First, the most disappointing thing about the withdraw of the Report and this announcement is that it is incredibly dismissive about the long hours of work put into this project by ... Section 2 Report Quick Reactions

Neo-Chicago Meets Evidence-Based Antitrust

Dan Crane has an excellent essay (“Chicago, Post-Chicago and Neo-Chicago“) reviewing Bob Pitofsky’s Overshot the Mark volume.  Here’s Dan’s brief abstract: This essay reviews Bob Pitofsky’s 2008 essay compilation, How Chicago Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust. The essay critically evaluates the book’s rough handling of the Chicago School ... Neo-Chicago Meets Evidence-Based Antitrust

Patent Holdup, Antitrust and Innovation: Harness or Noose?

Expanding on the themes in this post from the TOTM symposium book review of Professor Carrier’s new book on “Harnessing the Power of Intellectual Property and Antitrust Law” to encourage innovation, I’ve posted an essay co-authored with a very talented former student and research assistant, Aubrey Stuempfle. The essay expands on some of the themes ... Patent Holdup, Antitrust and Innovation: Harness or Noose?