The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “coase”

Kolasky: The DOJ and FTC Should Revise Their Proposed Vertical Merger Guidelines to Emulate the EU’s

On January 10, the Department of Justice (DOJ) withdrew the 1984 DOJ Non-Horizontal Merger Guidelines, and, together with the Federal Trade Commission (FTC), released new draft 2020 Vertical Merger Guidelines (“DOJ/FTC draft guidelines”) on which it seeks public comment by February 26.[1] In announcing these new draft guidelines, Makan Delrahim, the Assistant Attorney General for ... Kolasky: The DOJ and FTC Should Revise Their Proposed Vertical Merger Guidelines to Emulate the EU’s

The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies

These days, lacking a coherent legal theory presents no challenge to the would-be antitrust crusader. In a previous post, we noted how Shaoul Sussman’s predatory pricing claims against Amazon lacked a serious legal foundation. Sussman has returned with a new post, trying to build out his fledgling theory, but fares little better under even casual ... The Real Story about Amazon, Counterfeit Listings, and Minimum Advertised Price (MAP) Policies

Merger Lore: Dispelling the Myth of the Maverick

There’s always a reason to block a merger: If a firm is too big, it will be because it is “a merger for monopoly”; If the firms aren’t that big, it will be for “coordinated effects”; If a firm is small, then it will be because it will “eliminate a maverick”. It’s a version of ... Merger Lore: Dispelling the Myth of the Maverick

What Zoom can tell us about network effects and competition policy in digital markets

Zoom, one of Silicon Valley’s lesser-known unicorns, has just gone public. At the time of writing, its shares are trading at about $65.70, placing the company’s value at $16.84 billion. There are good reasons for this success. According to its Form S-1, Zoom’s revenue rose from about $60 million in 2017 to a projected $330 ... What Zoom can tell us about network effects and competition policy in digital markets

Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Writing in the New York Times, journalist E. Tammy Kim recently called for Seattle and other pricey, high-tech hubs to impose a special tax on Microsoft and other large employers of high-paid workers. Efficiency demands such a tax, she says, because those companies are imposing a negative externality: By driving up demand for housing, they ... Why Negative Externalities Don’t Justify a Tax on Employers that Drive Up Demand for Housing

Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

Ours is not an age of nuance.  It’s an age of tribalism, of teams—“Yer either fer us or agin’ us!”  Perhaps I should have been less surprised, then, when I read the unfavorable review of my book How to Regulate in, of all places, the Federalist Society Review. I had expected some positive feedback from ... Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

Weekend reads: Big is bad edition

Big is bad, part 1: Kafka, Coase, and Brandeis walk into a bar … There’s a quip in a well-known textbook that Nobel laureate Ronald Coase said he’d grown weary of antitrust because when prices went up, the judges said it was monopoly; when the prices went down, they said it was predatory pricing; and ... Weekend reads: Big is bad edition

What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Today would have been Henry Manne’s 90th birthday. When he passed away in 2015 he left behind an immense and impressive legacy. In 1991, at the inaugural meeting of the American Law & Economics Association (ALEA), Manne was named a Life Member of ALEA and, along with Nobel Laureate Ronald Coase, and federal appeals court ... What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Common Ownership by Institutional Investors: Beware Antitrust Overreach

The antitrust industry never sleeps – it is always hard at work seeking new business practices to scrutinize, eagerly latching on to any novel theory of anticompetitive harm that holds out the prospect of future investigations.  In so doing, antitrust entrepreneurs choose, of course, to ignore Nobel Laureate Ronald Coase’s warning that “[i]f an economist ... Common Ownership by Institutional Investors: Beware Antitrust Overreach

How to Regulate: Externalities

Following is the second in a series of posts on my forthcoming book, How to Regulate: A Guide for Policy Makers (Cambridge Univ. Press 2017).  The initial post is here. As I mentioned in my first post, How to Regulate examines the market failures (and other private ordering defects) that have traditionally been invoked as ... How to Regulate: Externalities

ABA Antitrust Section Transition Report: A Respectful Critique

The American Bar Association Antitrust Section’s Presidential Transition Report (“Report”), released on January 24, provides a helpful practitioners’ perspective on the state of federal antitrust and consumer protection enforcement, and propounds a variety of useful recommendations for marginal improvements in agency practices, particularly with respect to improving enforcement transparency and reducing enforcement-related costs.  It also ... ABA Antitrust Section Transition Report: A Respectful Critique

Douglass C. North (1920-2015)

I received word today that Douglass North passed away yesterday at the age of 95 (obit here). Professor North shared the Nobel Prize in Economic with Robert Fogel in 1993 for his work in economic history on the role of institutions in shaping economic development and performance. Doug was one of my first professors in ... Douglass C. North (1920-2015)