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Economic Issues in the Ovation Complaint
On December 16, 2008, the FTC filed a complaint against Ovation Pharmaceuticals that challenged its 2006 acquisition of the drug Neoprofen from Abbott. (The acquisition had fallen beneath the HSR thresholds and thus was not subject to an HSR investigation prior to consummation). While the complaint and case itself raises some interesting issues which I ... Economic Issues in the Ovation Complaint
Welcome Guest Blogger Mary Coleman
Bill’s shift to emeritus status and move to Arizona are not the only changes at TOTM for the coming new year. We’ve also got some plans to make sure that we’re feeding our loyal readers a steady stream of law, economics, and business content. One of these plans can’t wait for the New Year. We’ve ... Welcome Guest Blogger Mary Coleman
Dominant Incumbent, Meet the New Entrant
The new Competition Law Center at George Washington University School of Law (see earlier post at ACP here), funded by a $5.1 million cy pres award from alum and plaintiff’s lawyer Michael Hausfeld (formerly of Cohen, Milsten Hausfeld and Toll, now Cohen, Milsten, Sellers and Toll) will be providing some competition to the nearby American ... Dominant Incumbent, Meet the New Entrant
Top Ten Antitrust Articles of 2008
Its the time for end of the year lists. In conjunction with Danny Sokol’s survey of nominations for article of the year in 2008 (here are last year’s entries and here’s my list of the top 10 from last year), and without further ado, here are my personal, idiosyncratic, completely non-scientifically derived top 10 antitrust ... Top Ten Antitrust Articles of 2008
Presenting Complex Economic Theories to Judges
This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges and issues facing competition authorities and judges deciding complex antitrust cases on the basis of complex economic evidence. Here is one excerpt from the U.S. submission that caught my eye: ... Presenting Complex Economic Theories to Judges
Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued
The FTC announced today that it has approved a notice adopting interim final rules amending Parts III and IV of its rules of practice. As boring as that sound, this is a big deal. Here is the Federal Register notice. There are a number of changes, for instance, deadlines are imposed to expedite the pre-hearing ... Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued
DOJ Files Another Section 2 Case
Press release here. Here’s an excerpt: The complaint alleges that post-acquisition Microsemi raised prices significantly on small signal transistors certified by the Defense Supply Center Columbus (DSCC), a component of the DOD, at the Joint Army-Navy Technical Exchange-Visual Inspection (JANTXV) and Joint Army-Navy Space (JANS) levels of reliability on its qualified manufacturers list or QML. ... DOJ Files Another Section 2 Case
Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.
I’d like to share a quote on banking industry regulation: “To restrain private people, it may be said, from receiving in payment the promissory notes of a banker for any sum, whether great or small, when they themselves are willing to receive them; or, to restrain a banker from issuing such notes, when all his ... Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.
Clearing the Way for an Organ Market?
From the WSJ on potential legislation clearing the way for compensation to donors in the form of tax deductions: While the chilling effect of the federal ban has remained since 1994, the national transplant waiting list has more than quadrupled. This may be why organizations like the National Kidney Foundation, which has previously opposed all ... Clearing the Way for an Organ Market?
No Ovation for FTC's Latest Enforcement Theory
The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release: The Federal Trade Commission today filed a complaint in federal district court challenging Ovation Pharmaceuticals, Inc.’s January 2006 ... No Ovation for FTC's Latest Enforcement Theory
Comings and Goings at the FTC Office of Policy and Planning
Congratulations to Maureen Ohlhausen, outgoing Director of the Office of Policy and Planning at the Federal Trade Commission, who is headed to a new position as Technology Policy Counsel at the Business Software Alliance, a nonprofit trade association that promotes innovation, growth, and a competitive marketplace for commercial software and related technologies. While losing Maureen ... Comings and Goings at the FTC Office of Policy and Planning
Price Discrimination is Good, Part 3
At Knowledge Problem, Michael Giberson collects anecdotal evidence on New York’s zone pricing ban, i.e. a prohibition on price discrimination. While gasoline prices are falling all over the country, the anecdotal evidence is that New York’s zone pricing ban is resulting in higher profits for retailers at the expense of consumers. Former George Mason economist ... Price Discrimination is Good, Part 3
