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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 onโ€ฆshame 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 onโ€ฆshame 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

Zywicki on the Bankruptcy and the Bailout

My colleague Todd Zywicki is in the Wall Street Journal today on the merits of bankruptcy along with some public choice: General Motors looks like a financially failed rather than an economically failed enterprise — in need of reorganization not liquidation. It needs to shed labor contracts, retirement contracts, and modernize its distribution systems by ... Zywicki on the Bankruptcy and the Bailout

Hamermesh on the Point of the Bailout

Some simple economics and common sense: Governments intervene in markets all the time — and they should, in order to make markets more competitive; to solve problems of externalities (which are ubiquitous); to resolve difficulties caused by individuals’ shortsightedness, including the spurring of innovation; and to reduce transactions costs. Where does the auto bailout fit ... Hamermesh on the Point of the Bailout

Kolasky on What Happens with the Section 2 Report

William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust Source on the DOJ Section 2 Report arguing that while: even the objecting Commissioners would probably agree that the Justice Department Report does a good job analyzing particular types of ... Kolasky on What Happens with the Section 2 Report

Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link between product market competition and productivity: A central theme of this report is the critical role that competitive product markets play in spurring productivity growth and boosting standards of living. ... Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

Law and Economics 2.0

Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here).  Legal Pad (at CNN/Fortune Magazine) ... Law and Economics 2.0