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Now that the Bailout Has Failed, How About Bebchuk’s Plan?

I’ve avoided saying anything at all about the bailout because (1) I’m not an expert on banking, finance, etc. and (2) events are moving so fast I can’t keep up with the latest proposal. Nonetheless, since the bailout bill has just failed, this might be an opportune time to consider an alternative to the plan ... Now that the Bailout Has Failed, How About Bebchuk’s Plan?

Cartel Enforcement and the Election

From an excellent short article by Dan McInnis (Akin Gump) on the potential impact of the election on cartel policy in Global Competition Policy: Antitrust policy has played little role in the election. Indeed, at least for cartel policy, there may be little to differentiate the candidates. Given that both U.S. political parties as well ... Cartel Enforcement and the Election

Questions on the Bailout

From Peter Klein: Over and over during the last week we’ve been told that unless Congress, the Treasury, and the Fed “take”bold action,” credit markets will freeze, equity values will plummet, small businesses and homeowners will be wiped out, and, ultimately, the entire economy will crash. Such pronouncements are issued boldly, with a sort of ... Questions on the Bailout

The Costs of International Antitrust Enforcement and Superficial Convergence

There is an interesting profile on Intel in the WSJ.   While the profile focuses on some of the technological and competitive challenges facing Intel and CEO Paul Otellini, the CEO mentions the proliferation of antitrust laws across the globe, and the uncertainty associated with regulatory costs in such an environment, as one of the major potential impediments facing ... The Costs of International Antitrust Enforcement and Superficial Convergence

A Separate FTC Section 2 Report?

[UPDATE: I misread Kroes’ speech in a rush.  As a loyal blog reader points out, Kroes was obviously referring to the European Commission’s release of its own report, not the Federal Trade Commission.  Oops.].  I’ve discussed some problems with the FTC statement in response to DOJ’s release of the Section 2 Report.  In particular, I criticized some ... A Separate FTC Section 2 Report?

AIG/NY Fed Credit Agreement

available here. From the 8-K: On September 22, 2008, American International Group, Inc. (“AIG”) entered into an $85 billion revolving credit facility (the “Credit Facility”) and a Guarantee and Pledge Agreement (the “Pledge Agreement”) with the Federal Reserve Bank of New York (“NY Fed”). The Credit Facility has a two year term and bears interest ... AIG/NY Fed Credit Agreement

N-Data Settlement Approved 3-1

The public comment period has closed and the N-Data settlement has been approved by a vote of 3-1 with Chairman Kovacic voting against (his earlier dissent is here).  I think is a sleeper candidate for one of the most important antitrust events of the year as it potentially signals a remarkable expansion of the Commission’s ... N-Data Settlement Approved 3-1

How About a Little Personal Responsibility?

I was reading an article last week about the SEC temporary ban on short-sales and came across the following quote: Short-selling can contribute to efficiency while adding liquidity to the markets. But a recent wave of the maneuvers — profiting by selling unowned shares of companies in the anticipation their prices will drop — has ... How About a Little Personal Responsibility?

Geradin on Loyalty Rebates

Damien Geradin has posted an interesting paper on “Separating Pro-competitive from Anti-competitive Loyalty Rebates: A Conceptual Framework.”  Here’s the (long) abstract: In its submission to the recent OECD Roundtable on Bundled and Loyalty Discounts and Rebates (the “OECD Roundtable on rebates“), Korea observed that “loyalty discounts are getting growing attention both academically and practically” and ... Geradin on Loyalty Rebates

The Fed’s Bail-out of AIG and Shareholder Equity

The Federal Reserve Bank of New York’s announcement of an $85 billion bail-out of AIG came as a shock to many of us, and the precise terms of the lending agreement underlying the bail-out are still unclear. In an e-mail to the BIZLAW listserv, Professor Bainbridge rightly queried how AIG could have offered the Fed ... The Fed’s Bail-out of AIG and Shareholder Equity

Antitrust Week in Chicago

Speaking of law and economics in Chicago, its the place to be for antitrust next week. On Thursday, the FTC at 100 series will continue at Northwestern University School of Law where I’ll be on a panel discussing the FTC’s competition mission after lunch along with Thomas Campbell, Randy Picker, and Robert Pratt.  The antitrust ... Antitrust Week in Chicago

Odd FTC Consent in Vertical Licensing Case

The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in turn a wholly owned subsidiary of a Japanese firm Daiichi Sankyo Company. The sublicense would allow Fresenius to manufacturer and supply the intravenous iron drug Venofer to dialysis clinics in ... Odd FTC Consent in Vertical Licensing Case