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Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Last week the Second Circuit Court of Appeals decided Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. (available here), which involved fraudulent inducement and breach of warranty claims in connection with a business combination agreement. The case is a straightforward application of familiar principles of blackletter law. I mention it because of certain highly ... Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
What Does it Feel Like to Be Cut From an NFL Team?
Princeton graduate and Washington Redskins offensive lineman Ross Tucker’s six year NFL career came to an end last week when he was cut by the team and subsequently discovered a career-ending injury. In Peter King’s MMQB column over at CNNSI, Tucker delivers a touching first-hand account of his experience. Here’s a short excerpt where Tucker ... What Does it Feel Like to Be Cut From an NFL Team?
Interesting Section 2 Developments
A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.). First, the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth reversed the district court’s Lepage’s based jury instruction in ... Interesting Section 2 Developments
Larry Craig, Coordination Crimes, and the Weirdest Law School Paper Ever
One question has come up several times in conversations I’ve had about the very sad Larry Craig matter: What’s the deal with the foot-tapping? I’m surprised at how many people were unaware of this signal. The women, I suppose, could be forgiven. But the ignorant men are not so easily excused. Do they just ignore ... Larry Craig, Coordination Crimes, and the Weirdest Law School Paper Ever
Law School Specialization @ UC Irvine?
Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than within the law school. Larry discusses a recent potential example of this form of diversity at UC Irvine which has communicated an apparent interest specialization in the form of a ... Law School Specialization @ UC Irvine?
Some Upcoming Antitrust Events
I’ve put together an incomplete list of a handful of upcoming antitrust events below with links to the conference agenda and materials where possible. Feel free to add in the comments. The Sedona Conference (October 24-25, Sedona, AZ) The ABA Antitrust Litigation Conference (October 4-5, Philadelphia, PA) Antitrust in Healthcare (September 17-18, Washington DC) George ... Some Upcoming Antitrust Events
Froeb on Economics in Whole Foods
Here’s a taste of the reaction of former FTC Bureau of Economics Director Luke Froeb to some of the economic analysis in the recent Whole Foods merger case: The heavily redacted court documents refer to entry “experiments” to determine the degree of substitution between the two merging stores. We found the following on the Whole ... Froeb on Economics in Whole Foods
The Elusive Profitability of Voluntary Pricing
WSJ has a fascinating story this morning about a group of restaurants in Utah, Washington, Colorado and other places adopting a completely voluntary pricing system. No registers. No prices. No “suggested” prices and no tips. The business model is essentially to provide food and allow customers to put whatever they want in a lock box ... The Elusive Profitability of Voluntary Pricing
Chinese Antitrust Law Coming Soon … ?
It looks like, according to this report, the long-awaited Chinese Anti-Monopoly law will be passed next week and take effect August 1, 2008. See here for my recent post on the Chinese antitrust law with links to relevant scholarship, and here for Geoff’s earlier post while visiting the Conglomerate a while back. See also the China ... Chinese Antitrust Law Coming Soon … ?
Our "Protective" FDA
The FDA, it seems, is rejecting more new drugs. The agency approved only 61 percent of 2007 drug applications through mid-August, down from 73 percent in the same period last year. A new report by James Kumpel of Friedman, Billings, Ramsey & Co. shows that FDA approvals of drugs made from new chemical compounds are ... Our "Protective" FDA
Welcome the Newest TOTM Blogger: Robert T. Miller
On behalf of everyone here at TOTM, please join me in welcoming Robert T. Miller as our newest permanent blogger. Robert is an assistant professor at Villanova University School of Law. Prior to joining the faculty at Villanova, Robert was an associate with Wachtell, Lipton, Rosen & Katz and a visiting assistant professor at Cardozo ... Welcome the Newest TOTM Blogger: Robert T. Miller
I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
I’m not one to gloat. Ok, yes i am. As Thom indicated, the court reached what I believe is the right result in the Whole Foods case yesterday. I’ve been beating this drum since the merger challenge was announced (I won’t bother linking, yet again, to the series of posts. Search for “Whole Foods” up ... I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.
