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Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
While the antitrust nerds of the world (including yours truly) have been all atwitter over Leegin’s renunciation of Dr. Miles, another antitrust decision from October Term 2006 may turn out to be more significant in the long run. I’m speaking of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., in which the Supreme Court considered whether ... Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review of the term as “not especially honest” and discusses a few cases there. So what does Chemerinsky make of the recent antitrust decisions? Your hint is that the section is titled: ... Chemerinksy's Theory of the Roberts' Court's Antitrust Jurisprudence
How to Survive A Motion to Dismiss After Twombly
David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor ... How to Survive A Motion to Dismiss After Twombly
Symposium on Empirical Antitrust in the Antitrust Law Journal
The application of empirical economic methods in antitrust can and should play an important, even central, role in the development of sound competition policy. For example, former FTC Chairman Tim Muris explicitly made the case that empirical examination of the economic foundations of antitrust could improve antitrust policy making and undertook efforts to make such ... Symposium on Empirical Antitrust in the Antitrust Law Journal
Backdating stock options is a crime? Go figure.
Yesterday, Former Brocade CEO Steve Reyes was convicted of all criminal charges brought against him in the Brocade backdating scandal. (The ten charges included fraud, conspiracy, lying to the SEC, falsifying books, etc.) I am thrilled. Professor Larry Ribstein is not. To remind you, backdating stock options basically means lying and maintaining that stock options ... Backdating stock options is a crime? Go figure.
Zywicki on the Two-Income Trap Hypothesis
My colleague Todd Zywicki offers an empirical rebuttal to the Warren-Tyagi “Two Income Trap” hypothesis which asserts that families with two incomes end up more leveraged than families with single incomes and more susceptible to negative economic shocks than otherwise for a number of reasons, including, e.g. counterproductive bidding for housing, child care expenses, etc. ... Zywicki on the Two-Income Trap Hypothesis
Shelf Space Payments and Retail Bargaining Power
At his new blog Management R&D, Luke Froeb writes about the strategy of downstream firms reducing capacity in order to increase competition among suppliers: To gain bargaining power, some firms reduce capacity to increase competition among their suppliers. For example, health insurers restrict the number of drugs on their formularies or the number of hospitals ... Shelf Space Payments and Retail Bargaining Power
Antitrust in China
It appears that China may be very close to passing its Anti-Monopoly Law (HT: Danny Sokol). Like many others, I’ve been following these developments (see, e.g., the ABA’s comments on the proposed law here). I will also be taking a trip out to China sometime later this year and so am interested in learning as ... Antitrust in China
Read Marc Hodak
His short post is here. The theme is, in essence, Bastiat’s “What is Seen and What is Not Seen.” Government (and, oh, I don’t know . . . antitrust regulators in particular) thrive on the unseen–as Marc puts it, on the unfortunate reality that “invisible opportunity costs stay[] that way.” As I argued at some ... Read Marc Hodak
Antitrust News at GW Law
GW Law received a $5.1 million award to fund a Center for Competition Law resulting from the settlement of a class-action antitrust suit brought by Michael Hausfield (of Cohen, Milstein, Hausfeld & Toll, P.L.L.C., and a GW alum). According to the press release, Hausfeld argued that the Center would focus on the “special challenges to traditional antitrust ... Antitrust News at GW Law
A Comeback for Dr. Miles?
The Antitrust Subcommittee of the Senate Committee on the Judiciary will hold a hearing Tuesday morning on whether the Leegin decision is good antitrust policy. It is (see, e.g. our TOTM Leegin archives), but I suspect this hearing may be the beginning of the end for minimum RPM’s rule of reason era.
The EC versus Intel: The SO is issued
To no one’s great surprise (other than that it took so long), the European Commission issued a Statement of Objections against Intel today. More information as it becomes available. For those looking for a little insight into the case, you might be intrested in The FTC’s 1998 Complaint against Intel and the resulting Consent Decree (the entire case ... The EC versus Intel: The SO is issued
