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

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Bootleggers and Baptists, Madison Style

Last Wednesday, the Wisconsin Supreme Court heard oral argument on whether to reinstate an antitrust lawsuit against taverns around the University of Wisconsin (story here). In 2002, the taverns agreed to eliminate drink specials after 8:00 PM on Fridays and Saturdays. A group of students filed a class action lawsuit against the taverns for injunctive ... Bootleggers and Baptists, Madison Style

Thom, Tom, and Section 2

I highly recommend co-blogger Thom’s paper (discussed in this post) for those interested in the current Section 2 debate over the appropriate standard for exclusionary conduct.  While I tend to fall into the camp that views unilateral firm conduct as too diverse for a “holy grail” test to make sense, and therefore support different tests ... Thom, Tom, and Section 2

Hazlett on Property Rights and Innovation

My colleague Tom Hazlett has a characteristically insightful essay in the Financial Times this week entitled “How the Walled Garden Promotes Innovation.” In response to critics that argue that “only a device that is optimised for any application and capable of accessing any network is efficient,” Hazlett offers Apple and DoCoMo as examples of how ... Hazlett on Property Rights and Innovation

Weyerhaeuser and the Search for Antitrust’s Holy Grail

I’ve just posted my latest antitrust article, Weyerhaeuser and the Search for Antitrust’s Holy Grail, to SSRN. Here’s the abstract: A general definition of exclusionary conduct has become a sort of Holy Grail for antitrust scholars. At present, four proposed definitions appear most promising: (1) conduct that could exclude an equally efficient rival; (2) conduct ... Weyerhaeuser and the Search for Antitrust’s Holy Grail

Edwards, Antitrust, and the Return of Von's Grocery?

AAI continues its series of antitrust policy statements from presidential candidates with a submission from John Edwards. Again, I’m very pleased that the AAI was successful in getting this series of submissions together and inducing candidates to share their thoughts on antitrust policy. So what does Edwards have to say? Edwards’ statement has in common ... Edwards, Antitrust, and the Return of Von's Grocery?

Clarence Thomas’s Grandfather

I would have to think long and hard about writing a book titled “My Grandfather’s Daughter.â€Â  If I wrote such a book, you see, I would feel compelled to do justice to the memory of my grandfather(s) with the book.  The book would need to be incredibly well-written, well-researched, and respectful, to reflect positively on ... Clarence Thomas’s Grandfather

Radiohead revisited

I started writing this as a comment to Josh’s last post, but it got so long I figured I’d make a post out of it.  Thanks for the inspiraiton, Josh. I really hope Radiohead releases the data on its little experiment!  My prediction: They will receive an average price of $2 and a median price ... Radiohead revisited

Obviousness conference

Along with my Lewis & Clark colleague, Joe Miller, I have organized a conference on the patent law doctrine of obviousness following the Supreme Court’s KSR case last term.  It’s a great line-up of participants, and should be an excellent conference.  You can find details here.  Here’s the program: Friday October 5 and Saturday October 6, 2007 ... Obviousness conference

An Online Experiment in Voluntary Pricing

I’ve previously discussed the voluntary pricing strategy taken by restaurants and cafes in a handful of states to offer food and drink for free and allow customers to decide whether and how much they would pay.   I was rather skeptical about the profitability of this strategy in the retail setting.  But it looks like we ... An Online Experiment in Voluntary Pricing

The most embarrassing thing Joe Stiglitz ever wrote?

In case you haven’t already, I recommend taking a gander at today’s New York Time Book Review.  In it, there is a review of Naomi Klein’s new book, The Shock Doctrine, by Nobel-winning economist, Joe Stiglitz.  It’s an abomination (I’m sure the book is an abomination, too, but I’m referring to the book review).  If ... The most embarrassing thing Joe Stiglitz ever wrote?

We Are Not Just Going to Stand Here, We Are Going to Do Something!

That seems to be the message of presidential candidate/ Senator Barak Obama’s response to the American Antitrust Institute’s questions on antitrust (HT: Antitrust Review). First off, kudos to Obama for stating his position on antitrust in a public forum. I hope the rest of the candidates will do the same. Do go read the whole ... We Are Not Just Going to Stand Here, We Are Going to Do Something!

Hello, have you met my friend Ubuntu?

Hello everyone!  I’m glad and excited to be a new part of Truth on the Market.  I’d like to thank Josh for inviting me.  Unfortunately, I’ll be very busy through the end of the year so I probably won’t get to post with great frequency, but I look forward to posting more in the future. ... Hello, have you met my friend Ubuntu?

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