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

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Kmiec on the Death of the GOP

I must begin this post with a clarification: I am not a Republican. Nor am I a Democrat. I really have little interest in defending one party over the other. I agree with the GOP on some matters, with the Democrats on others, and with neither party on a host of matters. In general, I ... Kmiec on the Death of the GOP

Elhauge Lecture on Antitrust, Entrepreneurship, and Innovation

Here’s the program announcement: All are invited to The Ewing Marion Kauffman Foundation Distinguished Lecture in Antitrust, Entrepreneurship, and Innovation, with 2009 Guest Lecturer Prof. Einer Elhauge, Harvard Law School. The lecture will be held at the American University Washington College of Law, 4801 Massachusetts Ave., N.W., Washington, DC, 6th floor, on February 24, 2009. ... Elhauge Lecture on Antitrust, Entrepreneurship, and Innovation

New and Improved: Is Antitrust Too Complicated for Generalist Judges

Co-author Michael R. Baye (of the Kelley School of Business at Indiana University and formerly Director of the Bureau of Economics at the Federal Trade Commission) and I have posted a new and improved version of our paper, Is Antitrust Too Complicated For Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, ... New and Improved: Is Antitrust Too Complicated for Generalist Judges

Evans on Antitrust & the Global Internet Economy

From the Northwestern University Law Review Colloquy, David Evans explores the implications of the emerging global internet economy for antitrust.  Here’s the closing two paragraphs: We can expect the web-based industries will follow the same trajectory, and thus far they have. Massive entry has taken place. As with many new industries, we remember the YouTubes ... Evans on Antitrust & the Global Internet Economy

FTC RPM Workshops This Week

Tuesday and Thursday this week the FTC will be hosting the first two in a series of workshops on Resale Price Maintenance.  Presentation materials, slides, and papers are available on the website.

Vizio Files Monopolization Suit Against Funai

This looks like an interesting suit involving antitrust, patents, and standard setting: VIZIO, Inc., America’s HDTV Company, announced today that it has filed an antitrust and unfair competition lawsuit in the United States District Court, Central District of California, against Funai Electronics Co., Ltd., a Japanese distributor of digital televisions and related components. In the ... Vizio Files Monopolization Suit Against Funai

Zywicki on Judicial Modification of Mortgage Contracts

Earlier this week, I argued that courts should resist the urge to modify what turn out to be improvident commercial contracts. An unintended consequence of rewriting such contracts, I asserted, is that negotiated agreements would become unreliable, which would raise the risks associated with, and thereby discourage, wealth-creating exchanges. And real wealth creation — not ... Zywicki on Judicial Modification of Mortgage Contracts

Is anyone else terrified that the fate of the economy hangs in Maxine Waters' hands?

Yes, actually.  I was going to write a post on this topic, but then Megan McArdle said pretty much what I wanted to say, only snarkier and pithier.  A taste, but read the whole thing: But this woman is sitting on the House Financial Services Committee.  She is supposed to help craft the bills that ... Is anyone else terrified that the fate of the economy hangs in Maxine Waters' hands?

To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)

The headline of this Bloomberg story on the Swiss Competition Authority’s complaint against Bayer, Pfizer and Lilly announces that the firms operated an “Erection Drug Cartel.” I read a bit further to learn something about what I suspected, from the title of the story, would be a horizontal agreement between the firms — that is ... To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)

Sirius-XM Merger Retrospective…

It looks like Sirius-XM is now contemplating bankruptcy (HT: Danny Sokol). There were quite a few critics of the Bush administration’s decision not to challenge the merger. Various antitrust commentators and critics (as well as rivals like the NAB) lined up on the side of enforcement, arguing that the merger would lead to a monopoly ... Sirius-XM Merger Retrospective…

Becker and Murphy on the Stimulus

I’ve got the over-under on Krugman name-calling directed at both set at noon EST tomorrow. Any takers? Anyway, here’s some key excerpts from the WSJ piece: In a full-employment situation, increased government spending would largely replace private spending, so the net stimulus to GDP would likely be quite small. In the present environment, however, with ... Becker and Murphy on the Stimulus

Wanna Keep This Economic Mess to a Minimum? Honor Contracts.

New York Times business columnist Joe Nocera insists that current economic conditions call for courts to ignore carefully negotiated contracts between sophisticated business entities. Arguing that Dow Chemical Company should be free to walk away from its agreement to buy specialty chemical manufacturer Rohm & Haas, Mr. Nocera contends that “maybe, just maybe, deals that ... Wanna Keep This Economic Mess to a Minimum? Honor Contracts.