Showing results for: “Michael Vita”
The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
Earlier this week the International Center for Law & Economics, along with a group of prominent professors and scholars of law and economics, filed an amicus brief with the Ninth Circuit seeking rehearing en banc of the court’s FTC, et al. v. St Luke’s case. ICLE, joined by the Medicaid Defense Fund, also filed an ... The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
Spicy Documents Serve up a Paltry Antitrust Meal
There is always a temptation for antitrust agencies and plaintiffs to center a case around so-called “hot” documents — typically company documents with a snippet or sound-bites extracted, some times out of context. Some practitioners argue that “[h]ot document can be crucial to the outcome of any antitrust matter.” Although “hot” documents can help catch ... Spicy Documents Serve up a Paltry Antitrust Meal
Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny. On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit. Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
Review of Industrial Organization Special Merger Guidelines Issue
The August 2011 issue of Review of Industrial Organization is a special issue on the 2010 Horizontal Merger Guidelines edited by Roger Blair. The issue is available here, and includes articles from: Herbert Hovenkamp Robert Willig Wayne-Roy Gale, Robert C. Marshall, Leslie M. Marx and Jean-Francois Richard Roger D. Blair and Jessica S. Haynes John ... Review of Industrial Organization Special Merger Guidelines Issue
Section 2 Symposium: Michael Salinger on Error Costs and the Case for Conduct-Specific Standards
The source of much of the disagreement between the Antitrust Division and the FTC is based on chapter 3, which discusses general standards for Section 2 liability. A major portion of chapter 3 concerns whether there is a unifying principle underlying appropriate doctrine for all behavior challenged under Section 2. A substantial portion of the ... Section 2 Symposium: Michael Salinger on Error Costs and the Case for Conduct-Specific Standards
Section 2 Symposium: David Evans–An Economist’s View
The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View
Section 2 Symposium: Michael Salinger on Framing the Debate
Given the embarrassing outcome of the FTC/DOJ single-firm conduct hearings, it is worth revisiting what the organizers of the hearings were attempting to accomplish. The Federal Register notice announcing the hearings provides some key insights. It read, in part: The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer ... Section 2 Symposium: Michael Salinger on Framing the Debate
Professor Carrier’s Response
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response
