The Archives

The collection of all scholarly commentary on law, economics, and more

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Richman on Institutional Economics and Concerted Refusals to Deal

Barak Richman (Duke) has posted The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal to SSRN (forthcoming in the Virginia Law Review).  Here’s the abstract: An agreement among competitors to refuse to deal with another party is traditionally per se illegal under the antitrust laws. But coordinated refusals to deal are often ... Richman on Institutional Economics and Concerted Refusals to Deal

Liebowitz's Reply to O/S on Filesharing

[See Update Below]   Stan Liebowitz has posted a reply to Oberholzer-Gee/Strumpf’s (O/S) referee report/ reply to Liebowitz’s original comment submitted and rejected by the JPE for publication (got all that?) (HT: Newmark and Peter). Stan includes email exchanges between himself and OS concerning access to the data (O/S did not allow access), copies of ... Liebowitz's Reply to O/S on Filesharing

Picker on Competition, Privacy and Web 2.0

Randy Picker (HT: Randy) has posted an interesting new paper to SSRN entitled “Competition and Privacy in Web 2.0 and the Cloud“.   It is an insightful look at the how privacy rules imposed on Web intermediaries might raise competition concerns.  Consider, for example, the relationship between privacy rules and vertical integration that Picker highlights as ... Picker on Competition, Privacy and Web 2.0

Commissioner Rosch on the (Smaller?) Role of Economists in Antitrust Litigation

From FTC Commissioner Rosch: Personally, I think simulation analyses and indeed any kind of economic analyses that require the use of mathematical formulae are of little persuasive value in the courtroom setting. When I see an economic formula my eyes start to glaze over, and if the formula uses Greek letters I tend to think ... Commissioner Rosch on the (Smaller?) Role of Economists in Antitrust Litigation

Some Links

Tom Barnett on “Current Issues in Merger Enforcement” — offering a defense against claims that the DOJ has been especially inactive in merger enforcement (see, e.g., this paper from Jon Baker and Carl Shapiro) and its decision not to challenge the Whirlpool/ Maytag transaction (see Geoff‘s earlier post) Avner Grief responds (“The claim that merchants’ ... Some Links

DOJ

Harvard v. Chicago on Vertical Restraints

In a new article in the June 2008 issue of Antitrust Source, Howard Marvel discusses what the rule of reason could and should look like in the Post-Leegin world as well as the different proposals to a rule of reason approach articulated by the states and the FTC in the recent Nine West consent order ... Harvard v. Chicago on Vertical Restraints

Commisioner Troy Paredes

Only the formality of full Senate confirmation stands between Troy Paredes and the SEC following unanimous approval from the Senate Banking Committee.  Congratulations, Troy. UPDATE:  [Someone claiming to be] Chairman Cox points out in the comments that Troy was in fact confirmed by the full Senate last week.  Indeed, it is true.  Not much fanfare, but ... Commisioner Troy Paredes

Austin Bound

My tour of duty as the FTC Scholar in Residence came to an end this past week.  It was a fantastic opportunity for a junior scholar that I am grateful to have had.  Plus, I couldn’t have picked a more interesting year to be at the Commission.  Anyway, I’ll have more to say about all ... Austin Bound

Behavioral Economics and Antitrust at AAI

Related to Thom’s post on behavioral economics and the problem of conflicting or offsetting biases, the American Antitrust Institute (AAI) held a conference on June 18th 2008 (audio available at the link above). The conference was, as I understand it, designed as a precursor to the AAI’s release of a “Transition Report” to the next ... Behavioral Economics and Antitrust at AAI

Lipton on Shareholder Primacy

It should be no surprise that the inventor of the poison pill is pro-director, but Marty Lipton’s remarks at a June 25 conference at the University of Minnesota Law School left no doubt that he truly believes in his heart of hearts that we’re better off with strong, unencumbered boards. According to the WSJ’s deals ... Lipton on Shareholder Primacy

Academic Buzzwords

Apparently, the Local Government Association has told British bureaucrats in local and town governments to stop using 100 “non-words.” (CNN) From the story: The list includes the popular but vague term “empowerment;” “coterminosity,” a situation in which two organizations oversee the same geographical area; and “synergies,” combinations in which the whole is greater than the ... Academic Buzzwords

New Global Competition Policy: Class Cert & Merger Review in the UK

The new issue is available here, and features the following articles in Class Certification and Antitrust Actions: Why Economics Now Matters for Antitrust Class Actions at the Class Certification Stage by Wendy Bloom (Kirkland & Ellis) The Potential Impact of Twombly on Antitrust Class Actions by Wendy Bloom (Kirkland & Ellis) and James Langenfeld (LECG) ... New Global Competition Policy: Class Cert & Merger Review in the UK