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The Dual Antitrust Enforcement Question
With all of the recent talk of the “optimal regulatory structure” and proposals about regulatory consolidation and reorganization (here is Glom Blogger David Zaring on the Big Reorg), I wonder if the discussion might carry over into antitrust and the recurring “dual enforcement” question. As some of our readers may know, both the DOJ and FTC ... The Dual Antitrust Enforcement Question
Regulate in Haste, Repent in Leisure: Reforming the Financial Regulatory Scheme
Today, Treasury Secretary Henry Paulson is set to present some comments about the Treasury’s Blueprint for Financial Regulatory Reform, released on Saturday. (A summary of the proposal is here.) The summary of the proposal report provides: “In this report, Treasury presents a series of “short-term” and “intermediate-term” recommendations that could immediately improve and reform the ... Regulate in Haste, Repent in Leisure: Reforming the Financial Regulatory Scheme
Death of a chinchilla
For at least two years, my boys (Liam, 9 and Ollie, 6) have been clamoring for a pet chinchilla. While perusing craigslist a few days before Ollie’s birthday, I ran across a listing for a 18-month-old chinchilla that came with a cage and all accessories (including a dust bather!) for a mere $75. Better yet, ... Death of a chinchilla
One More Thought on Ex Ante Competition and Merger Analysis
One last issue with respect to ex ante competition and merger analysis. What if it could be demonstrated convincingly that XM and Sirius payments to automobile manufacturers. The DOJ hints at this possibility in the press release: XM and Sirius engaged in head-to-head competition for the right to distribute their products and services through each ... One More Thought on Ex Ante Competition and Merger Analysis
Competition for the Field, Sirius/XM and Shelf Space
Geoff and Paul like the result in XM/ Sirius but are puzzled by the DOJ press release, in particular as it pertains to analyzing ex ante competition, or “competition for the field,” in the form of payments to automobile manufacturers to adopt their services. Geoff thinks the DOJ’s press release contains some funny language appearing ... Competition for the Field, Sirius/XM and Shelf Space
Comment on "Barnett on Sirius-XM"
I can’t seem to get my comment on Geoff’s XM-Sirius post below to go through, so I’ll just post it: I would still disagree with the DOJ when they say “there is not likely to be significant competition…through the car manufacturer channel for many years.” As mentioned, the exclusive contract is competition. Even though they ... Comment on "Barnett on Sirius-XM"
Barnett on Sirius-XM
The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer). About time, I’d say (it’s been two years). See all of the ToTM posts on the topic here. Opposition to this merger has been rooted in what, to me, is a tortured conception of ... Barnett on Sirius-XM
Tulane Corporate Law Institute
Tulane’s annual “Corporate Law Institute” is coming up! The conference – widely viewed as the must-attend deal conference of the year is April 3 and 4 (only two weeks away). The roster for this year’s conference reads like a who’s who of the deal world, with a range of Delaware jurists, investment bankers, top lawyers, ... Tulane Corporate Law Institute
Are the Roberts Court Antitrust Decisions Really Pro-Business?
I’m a bit late to the party on Jeffrey Rosen’s provocative article in the NY Times Magazine claiming that the Supreme Court is biased in favor of businesses. For readers not familiar with Rosen’s claim, the basic assertion is that: With their pro-business jurisprudence, the justices may be capturing an emerging spirit of agreement among ... Are the Roberts Court Antitrust Decisions Really Pro-Business?
Public Choice and the Law Textbook
Todd Zywicki and Maxwell Stearns have a draft of their new textbook, “Public Choice Concepts and Applications in the Law,” available for review for profs that are interested in teaching with the manuscript this Fall 2008 or Spring 2009 term (the book is due to be published in 2009). The book is designed for law ... Public Choice and the Law Textbook
Some Antitrust Links
The new Global Competition Policy online magazine contains some insightful commentary on the Google/ Doubleclick clearance, critical loss analysis in Whole Foods (from Kevin Murphy and Robert Topel) and more generally (from Greg Werden), as well as competing reactions to the Intel antitrust allegations … The Supreme Court did not grant cert in Microsoft v. ... Some Antitrust Links
All We Are Saying Is Give PeaceHealth a Chance.
Josh had a characteristically thoughtful post last week on safe harbors for loyalty and bundled discounts. I didn’t comment on the post, with which I generally agree, because I was busy writing an amicus brief (also signed by Dan Crane, Richard Epstein, Tom Morgan, and Danny Sokol) in an attempt to preserve a different safe ... All We Are Saying Is Give PeaceHealth a Chance.
