The Archives

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

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EU Clears Google-Doubleclick

From the WSJ Online: The transaction had faced stiff opposition in Brussels from Google rivals including Microsoft Corp. and Yahoo Inc., as well as privacy advocates who fretted that a combined company would control a vast storehouse of data on Web users and their surfing habits. But European Commission antitrust officials early on ruled out ... EU Clears Google-Doubleclick

The Economics of $4300

Tyler Cowen invokes Klein and Leffler (1981) to explain the the apparently high price of paid by Client #9 for sex, arguing that high price in combination with the repeat purchase mechanism were part of a self-enforcement mechanism designed to assure performance (in this case, presumably, sex and secrecy). That the $4,300 represents a substantial ... The Economics of $4300

Eliot Spitzer – Tied to Prostitution? The Boys Versus The Girls

According to the Associated Press, New York State Governor Eliot Spitzer is reported to be or have been a client of a “high-end prostitution ring called Emperors Club VIP.”  This morning, Governor Spitzer publicly apologized to his family and the public, “but did not not elaborate on a bombshell report that he has been involved in ... Eliot Spitzer – Tied to Prostitution? The Boys Versus The Girls

Thoughts on Safe Harbors for Quantity Discounts (and Bundling)

Dennis Carlton and Michael Waldman have posted an insightful DOJ working paper on antitrust safe harbors for unilateral conduct involving quantity discounts and bundling. The discussion is very timely in light of the Microsoft CFI decision, AMC Report, Section 2 Hearings, and various monopolization cases in the United States, EU, and other antitrust jurisdictions. The Carlton & Waldman ... Thoughts on Safe Harbors for Quantity Discounts (and Bundling)

Barnett on the the Supreme Court, Convergence, and Enforcement Levels

Tom Barnett (DOJ Antitrust AG) gave a speech February 29th to the Federalist Society where he touched upon a number of interesting issues we’ve discussed from time to time here at TOTM.  Some highlights: Barnett on recent Supreme Court activity.  “I submit that the principal reason for the abundance of supermajority decisions is an analytical ... Barnett on the the Supreme Court, Convergence, and Enforcement Levels

Is Austan Goolsbee Overrated?

Not as an economist of course! There is no doubt that Goolsbee is one of the world’s premier economists. But another brilliant economist, Jagdish Bhagwati, argues that voters should (HT: Mankiw) favor Barack Obama’s free trade credentials over Hillary Clinton’s based, at least partially, on Austan Goolsbee’s credentials as an advocate of free trade and ... Is Austan Goolsbee Overrated?

WPT Enterprises Trial Date Extended to August 5

Just as the April 1 trial date was approaching in the lawsuit by seven elite-level poker players against WPT Enterprises, it has been extended four months to August 5.  The case involves antitrust claims of exclusive dealing and price-fixing as well as the non-antitrust issue of contractual interference with respect to the releases players must sign before competing ... WPT Enterprises Trial Date Extended to August 5

Evaluating "Long Term Advisors" and "Short Term Interventions"

My colleague Danny Sokol has posted An Empirical Evaluation of Long Term Advisors and Short Term Interventions in Technical Assistance and Capacity Building to SSRN. The abstract for the paper, which is co-authored by Kyle Stiegert, follows: Technical assistance to improve the capacity of regulatory agencies around the world remains a key priority for international ... Evaluating "Long Term Advisors" and "Short Term Interventions"

The Deadwood Report is Coming …

Thats the opening line of my colleague and Green Bag Editor Ross Davies’ announcement (posted here) that The Green Bag is ready to enter the law school rankings game.  The Deadwood Report (see also Inside Higher Ed) has law school puffery and false advertising in its sights.  The basic idea is that the available information on the ... The Deadwood Report is Coming …

Conference on Empirical Legal Studies

CELS 2008 will be held at Cornell Law School this year September 12 and 13.  Submissions are due by April 15th.  CELS has quickly become one of the best conferences of the year and I’m very much looking forward to attending.  Here’s the conference announcement: The conference’s objectives are: (1) to encourage and develop empirical ... Conference on Empirical Legal Studies

Antitrust & Private Equity

WSJ Deal Journal reports some important movement on the antitrust and private equity front.  Specifically, Judge Richard Jones (W.D. Washington) granted the defendants’ motion to dismiss in Pennsylvania Avenue Funds v. Borey, dismissing the plaintiffs’ allegations that two private equity firms had violated the Sherman Act by bidding jointly on the target company (Watchguard Technologies) ... Antitrust & Private Equity

The Whole Foods Appeal — Wrong, but Maybe Good.

The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated the Commission’s request for a preliminary injunction under an overly stringent legal standard, and that the court improperly discounted the Commission’s evidence that a Whole Foods/Wild Oats merger would reduce ... The Whole Foods Appeal — Wrong, but Maybe Good.