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The Devilish Details of Detroit’s Deal
There are some pretty scary devils in the details of this Detroit bailout legislation. This WSJ article provides some specifics. Under the terms of the draft legislation, “the government would receive warrants for stock equivalent to at least 20% of the loans any company receives.” Let’s put that in perspective. General Motors is seeking around ... The Devilish Details of Detroit’s Deal
Whole Foods Brings It
“Now for the evidence,” said the King. “And then the sentence.” “No!” said the Queen. “First the sentence, and then the evidence.” So goes a famous passage of Lewis Carroll’s Alice in Wonderland. And so begins Whole Foods’ new lawsuit against the Federal Trade Commission. In the lawsuit, filed yesterday in federal court in D.C., ... Whole Foods Brings It
The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Are We Reinvigorated Yet?
Despite rumors, slogans, and “new” conventional wisdom to the contrary (See, e.g. here, here and the Obama campaign promise to “reinvigorate merger enforcement), it is apparently not the case that the current DOJ is not interested in enforcing the antitrust laws. Perhaps it never was. This interesting interview (HT: Danny Sokol) suggests that the DOJ ... Are We Reinvigorated Yet?
American Airlines Announces New Pricing Scheme
At least, thats what the Onion (the go to source for antitrust humor, by the way) headline says: American Airlines Now Charging Fees To Non-Passengers December 1, 2008 | Issue 44•49 FORT WORTH, TX—Cash-strapped American Airlines announced a new series of fees this week that will apply to all customers not currently flying, scheduled to ... American Airlines Announces New Pricing Scheme
Should the Supreme Court Grant Cert in Rambus?
As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the D.C. Circuit in its FTC v. Rambus. The FTC press release is here. The petition is here. The questions presented, as framed by the Commission are: 1. Whether deceptive conduct ... Should the Supreme Court Grant Cert in Rambus?
Price Discrimination is Good, Part 2
Yesterday I started a new TOTM feature on why price discrimination is good in light of the bad rap that the practice gets in public policy circles and with the public generally. Lest one believe that the examples of regulatory scrutiny of price discrimination in antitrust and regulated industries are special cases, a reader points ... Price Discrimination is Good, Part 2
Price Discrimination Is Good, Part I
Price discrimination involves a firm taking advantage of different elasticities of demand for the same goods by charging different prices relative to marginal cost. Price discrimination is ubiquitous in our economy but remains a four letter word in policy and regulation circles. We observe price discrimination in all sorts of product markets, from small and ... Price Discrimination Is Good, Part I
FTC Seeks Cert in Rambus
The press release is here. The petition is here. The questions presented, as framed by the Commission are: 1. Whether deceptive conduct that significantly contributes to a defendant’s acquisition of monopoly power violates Section 2 of the Sherman Act. 2. Whether deceptive conduct that distorts the competitive process in a market, with the effect of ... FTC Seeks Cert in Rambus
College Athlete Drives a Hard Bargain Over Letter of Intent
Seth Davis (Sports Illustrated) has an interesting column on the intersection of two issues I hold near and dear: contracts and college basketball. For those unfamiliar, college recruits in football, basketball and some other sports sign National Letters of Intent (NLI) committing themselves to spend at least one full year at the college. The NLI ... College Athlete Drives a Hard Bargain Over Letter of Intent
Principles for Bailout Management
I had the pleasure last week of participating in a bailout panel at William & Mary Law School. The William & Mary Federalist Society, which hosted the event, asked each panelist to address three topics: what led to the current situation, how the bailout plan will (or won’t) fix things, and suggestions for implementing a ... Principles for Bailout Management
The Butcher, the Baker and the Candlestick Maker (2.0)
My colleague Tom Hazlett strikes again in Barron’s on Google’s transformation from its initial reluctance to advertise and its desire to stick to the non-profit sector to an unrelenting market driven approach to its discovery that search-term clicks were … well … profitable. Here’s Hazlett: They discovered that Google’s clean page layout provided a clean ... The Butcher, the Baker and the Candlestick Maker (2.0)
