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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.
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
