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Disgorgement and Damages in Ovation

A couple of weeks ago, I posted a blog discussing the FTC’s complaint against Ovation.  One of the interesting factors of that complaint was the FTC’s decision to seek disgorgement of profits allegedly improperly gained as a result of the challenged acquisition.  The FTC has only infrequently sought disgorgement in antitrust matters and it is ... Disgorgement and Damages in Ovation

Three from Brad DeLong

Yesterday I criticized Brad DeLong for, essentially, acting like a child. Today I want to draw attention to three posts from Brad DeLong–in none of which does he act like a child. The first is this post, correcting his mistaken ad hominem attack on Glen Weyl.  The apology is well-taken.  I only wonder where the ... Three from Brad DeLong

Some sense on stimulus

Apparently to some people, intellectual disagreements are intolerable, and those who disagree intellectually can only be the most pathetic, worthless thing on the planet: Republican hacks (of the “ethics-free” variety).  I’m talking about Brad DeLong here.  I mention this because I posted a comment to DeLong’s silly post (does anyone know Glen Weyl? Anyone think ... Some sense on stimulus

500!

So sometime between January 17th, 2006 and this post, I managed to accumulate 500 blog posts here at Truth on the Market.  Not bad.  Not quite at par with our recently-tenured David Hoffman’s 550 or so, but more than also recently tenured Bill Henderson’s 200.  Of course, adjusting for quality per post puts Henderson comfortably ... 500!

What Influence Will the Section 2 Report Have? The Role of Political Ideology

There has been a great deal of speculation and discussion in this blog and around the antitrust community regarding what will happen with the DOJ Section 2 Report.  Rightly so.  It is a document with the potential to influence both agency monopolization enforcement decisions, international antitrust enforcement, and U.S. doctrine itself in federal court.  What ... What Influence Will the Section 2 Report Have? The Role of Political Ideology

Epstein on the Economics of Fault in Contract Law

A new paper from Richard Epstein came across my inbox via SSRN this morning, The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying?  Here’s the abstract: Modern law often rests on the assumption that a uniform cost/benefit formula is the proper way to determine fault in ordinary ... Epstein on the Economics of Fault in Contract Law

Whole Foods Remand Update

From the Blog of Legal Times: Yesterday, Friedman sided with the FTC’s interpretation of the D.C. Circuit’s three-way opinion. He will limit his role on remand, which is exactly what lawyers for the FTC said the D.C. Circuit wanted. The Whole Foods lawyers—including Dechert partners Paul Friedman (not the judge) and Paul Denis—urged Friedman to ... Whole Foods Remand Update

Taking On Lebron: What's the Impact of a Gold Medal Performance?

Stories like this one suggest that winning Olympic gold in Beijing have catapulted team members into better seasons.   Here’s a quote from Lebron James: “To win the gold just uplifted all of us into this season.  A lot of people were wondering if we’d hit a wall because we played in the Olympics. But ... Taking On Lebron: What's the Impact of a Gold Medal Performance?

The Law Market

The Law Market, Larry Ribstein’s new and important book with Erin O’Hara looks great and is available here from Oxford University Press.  The book description from the website sets the stage: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her ... The Law Market

More on Letter of Intent and Release Bargaining

Last month I highlighted the story of DeMarcus Cousins, a blue chip high school basketball recruit who was playing a game of chicken with the University of Alabama-Birmingham (UAB) over signing his National Letter of Intent — the letter that commits a player to attend the university and imposes the penalty of giving up a ... More on Letter of Intent and Release Bargaining

Is Antitrust Too Complicated for Generalist Judges?

One of the highlights of my recent time as Scholar in Residence at the Federal Trade Commission was the opportunity to work with some of the brightest minds around on antitrust issues on investigations and policy projects as well some academic projects.  The subject of this post is one of those academic projects.  Motivated by ... Is Antitrust Too Complicated for Generalist Judges?

Caplan on the Law as a Phony Discipline

Bryan Caplan writes: At risk of offending my many friends in the legal academy, I think that law is a shockingly phony discipline.  Virtually everyone – liberal, conservative, Marxist, libertarian, or whatever – imagines that the law conveniently agrees with what they favor on non-legal grounds.  Almost no one admits that many, if not most, ... Caplan on the Law as a Phony Discipline