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

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Section 2 Symposium: David Evans–An Economist’s View

The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View

Section 2 Symposium: Alden Abbott on the View from Within the FTC

Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (“SFC”) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By “SFC” I refer to actions taken by a “dominant” firm or by an actual ... Section 2 Symposium: Alden Abbott on the View from Within the FTC

Section 2 Symposium: Dan Crane on Framing the Debate

I must confess that my basic reaction to the Section 2 report was disappointment.  It’s not that I find much fault with the report itself–a few quibbles yes, but generally I find it quite satisfactory–but that after all of the time and effort put into the joint hearings by the FTC, the FTC wasn’t able ... Section 2 Symposium: Dan Crane on Framing the Debate

Section 2 Symposium: Michael Salinger on Framing the Debate

Given the embarrassing outcome of the FTC/DOJ single-firm conduct hearings, it is worth revisiting what the organizers of the hearings were attempting to accomplish.  The Federal Register notice announcing the hearings provides some key insights.  It read, in part: The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer ... Section 2 Symposium: Michael Salinger on Framing the Debate

Section 2 Symposium: Tad Lipsky on Framing the Debate

When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique issued by three FTC Commissioners, including now-Chairman Leibowitz. The three (Harbour, Leibowitz and Rosch, hereinafter “HLR”) accused the Antitrust Division of placing “a thumb on the ... Section 2 Symposium: Tad Lipsky on Framing the Debate

TOTM Online Symposium Announcement: Section 2 and the Section 2 Report

REMINDER:  Section 2 Symposium Begins Tomorrow! We are pleased to announce the next Truth on the Market online symposium: Section 2 and the Section 2 Report: Perspectives and Evidence We have an incredible line up of participants for the symposium, and we (modestly) believe that this will be the most significant online antitrust event to ... TOTM Online Symposium Announcement: Section 2 and the Section 2 Report

Maryland Adopts New Per Se Rule for Minimum RPM

A new law in Maryland will take effect on October 1 and will re-instate the Dr. Miles rule for minimum RPM. The Wall Street Journal reports that it is a “move that could lead to lower prices for consumers across the country.” I doubt it. There are quite a few reasons to believe that shifts ... Maryland Adopts New Per Se Rule for Minimum RPM

Web Seminar: Antitrust Economics 101

I’ll be teaching an interactive web seminar on basic microeconomic concepts that form the basis of antitrust analysis through Competition Policy International’s Learning Center on three consecutive Wednesdays: May 13, 20, and 27th. CLE credit is available for practicing lawyers. Though I think the material will be useful for antitrust lawyers, law students interested in ... Web Seminar: Antitrust Economics 101

Mossoff on the Rise and Fall of the Sewing Machine Patent Thicket

My colleague Adam Mossoff is blogging over at the Volokh Conspiracy on his fascinating paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket. Here’s an excerpt from the first post: The debate centers on whether patent thicket theory accurately explains or predicts such problems in practice, and the empirical ... Mossoff on the Rise and Fall of the Sewing Machine Patent Thicket

What does Tyler know about law and economics, anyway?

Over at Crooked Timber, Tyler Cowen comments on Steve Teles’ book on conservative legal movements.  I never get tired of plugging Steve’s book (as he knows), so I’ll do it again here:  It’s a great book, a riveting read, and instructive, to boot.  Buy a copy today! Tyler comments (among a series of comments in ... What does Tyler know about law and economics, anyway?

"We're Kinda Worried About the Monopoly Thing"

That’s from Firefox chief software architect Mike Connor in an interview with PCPro.  Here’s an excerpt suggesting that Mozilla fears that its recent success might lead to antitrust liability in the United States or elsewhere: Firefox has only just tipped past the 20% mark in worldwide browser market share, and is still a long way ... "We're Kinda Worried About the Monopoly Thing"

Weekend Reading

Mike Sykuta on GM and Transaction Cost Economics (O&M) Peter Klein on Antitrust and the Theory of the Firm (again, O&M) John Pfaff continues his series on evidence-based empirical work (at Prawfs) Who Games SSRN Download Counts? Guido Imbens (from whom I took econometrics at UCLA) defends randomized experiments in development economics against the critics ... Weekend Reading