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The Sirius XM Merger in the Court of Public Opinion
The proposed merger has been making lots of waves in the press as of late, including a Congressional hearing (Antitrust Review has links to all the hearing testimony) but not much serious grappling with the antitrust issues. I even read today that John Ashcroft has chimed in. Of course, it is very difficult to do ... The Sirius XM Merger in the Court of Public Opinion
Updated Drafts on SSRN
I have just posted two revised drafts to SSRN: Slotting Contracts and Consumer Welfare (forthcoming in the Antitrust Law Journal and previously blogged about here). Antitrust Analysis of Category Management: Conwood v. U.S. Tobacco. Both are pretty substantial revisions and so I hope that folks who have read previous drafts will check out the updated ... Updated Drafts on SSRN
More Stuff on Leegin
Antitrust Review has been covering the Leegin briefs. Good stuff here and here. Manfred Gabriel weighs in on my recent post and Josh’s comments here. In addition, The Antitrust Source has a number of interesting pieces on Dr. Miles and Leegin, including a nice overview piece by Antitrust Reviewer, David Fischer.
Are the rich getting more financially conservative?
The answer is “yes” according to this MarketWatch article. Here’s a taste. Forty-three percent of investors with a net worth of $5 million or more, not including a primary residence, say they prefer a guaranteed rate of return for the majority of their investments, according to a new report from Chicago-based Spectrem Group, a consulting ... Are the rich getting more financially conservative?
A Response to Commissioner Harbour’s "Open Letter" on Leegin
Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.] Leegin, as regular TOTM readers know, will test the continued vitality of Dr. Miles, the 1911 decision making it per se illegal for manufacturers and retailers to agree on minimum retail ... A Response to Commissioner Harbour’s "Open Letter" on Leegin
Minimum RPM Can Prevent Dealer Free-Riding … And Can You Please Pass the Bread?
Thursday night I will be speaking at a dinner and discussion sponsored by the eSapience Center for Competition Policy (eCCP) on the pending Leegin decision and the application of per se rules to minimum RPM. Here is the eCCP announcement: Presentations will be made by Prof. Robert Pitofsky, and Prof. Joshua Wright. Prof. Pitofsky is ... Minimum RPM Can Prevent Dealer Free-Riding … And Can You Please Pass the Bread?
Some Weekend Blog Reading
Some blogging that may be of interest to TOTM readers: Andrew Gelman (for it) v. Tyler Cowen (against it) on the American Economic Association’s decision to add 4 new quarterly journals. Michael Giberson (Knowledge Problem) and David Fischer (Antitrust Review) on the Sirius-XM Merger, a story Keith has been covering here at TOTM. VC’s Todd ... Some Weekend Blog Reading
Baker on Antitrust & Innovation
Jonathan Baker (American) has a very interesting paper on a very hot topic in antitrust nowadays: the role of antitrust regulation in innovation. The title is “Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation.” Here is the abstract: The relationship between competition and innovation is the subject of a familiar controversy in economics, between the Schumpeterian ... Baker on Antitrust & Innovation
SCOTUS Weyerhauser Opinion Released
Justice Thomas’ opinion is available here. The punchline: “The general theoretical similarities of monopoly and monopsony combined with the theoretical and practical similarities of predatory pricing and predatory bidding convince us that our two-pronged Brooke Group test should apply to predatory-bidding claims.” Professor Sokol has a few additional comments at AntitrustProfBlog.
Please No "Passenger’s Bill of Rights"
Soledad O’Brien said a (sort of) bad word on American Morning this morning. I was watching when she said it. I didn’t notice the word, but it’s plain as day in the transcript below (omissions noted by ellipses):
Sirius/XM: You Heard It Here First!
Today’s report that Sirius and XM plan to merge vindicates the antitrust analysis offered here last June. Regulators should analyze the merger from a broad “audio market” perspective that includes terrestrial radio. Considering the extensive non-satellite content available to listeners, and considering as well the efficiencies associated with the Sirius/XM combination, it is reasonable to ... Sirius/XM: You Heard It Here First!
Darian Ibrahim Joins Us as Guest Blogger
Darian Ibrahim will be guest blogging here for the next couple of weeks. Darian is an Associate Professor of Law at the University of Arizona Rogers College of Law where he teaches Business Organizations, Law & Entrepreneurship, Securities Regulation, and Contracts. He presented his latest paper, Fiduciary Duties, Individual or Collective Liability for Directors, and ... Darian Ibrahim Joins Us as Guest Blogger
