Showing results for: “jose guerena”
The Case for Doing Nothing: The ‘Problem’ of Common Ownership
As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership
Antitrust review of ag-biotech mergers: Appropriability versus cannibalization
This symposium offers a good opportunity to look again into the complex relation between concentration and innovation in antitrust policy. Whilst the details of the EC decision in Dow/Dupont remain unknown, the press release suggests that the issue of “incentives to innovate” was central to the review. Contrary to what had leaked in the antitrust ... Antitrust review of ag-biotech mergers: Appropriability versus cannibalization
Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
U.S. antitrust law focuses primarily on private anticompetitive restraints, leaving the most serious impediments to a vibrant competitive process – government-initiated restraints – relatively free to flourish. Thus the Federal Trade Commission (FTC) should be commended for its July 16 congressional testimony that spotlights a fast-growing and particularly pernicious species of (largely state) government restriction ... Occupational Licensing, Competition, and the Constitution: Prospects for Reform?
A Reply to the Rubins on Crony Capitalism
Paul H. Rubin and Joseph S. Rubin advance the provocative position that some crony capitalism may be welfare enhancing. With all due respect, I am not convinced by their defense of government-business cronyism. “Second best correction” arguments can be made with respect to ANY inefficient government rule. In reality, it is almost impossible to calibrate the ... A Reply to the Rubins on Crony Capitalism
From the Wall Street Journal, July 8, 2014, on Crony Capitalism
My son Joe and I have an op-ed in today’s WSJ that should stir up some controversy. Opinion Wall Street Journal The Case for Crony Capitalism Many government regulations choke off entirely legal avenues of potential bank profits. By Paul H. Rubin And Joseph S. Rubin July 7, 2014 7:34 p.m. ET Economics has a ... From the Wall Street Journal, July 8, 2014, on Crony Capitalism
Why I think the Apple e-books antitrust decision will (or at least should) be overturned
On July 10 a federal judge ruled that Apple violated antitrust law by conspiring to raise prices of e-books when it negotiated deals with five major publishers. I’ve written on the case and the issues involved in it several times, including here, here, here and here. The most recent of these was titled, “Why I ... Why I think the Apple e-books antitrust decision will (or at least should) be overturned
Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements. Thus, for instance, libertarian law professor, Tom Bell, has written in the University of Illinois Journal of Law, ... The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)
The “Patent Litigation Explosion” Canard
We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents. It’s become so commonplace that this phrase garners over 1.3 million hits on Google. It’s especially common fare in discussions about the “smart ... The “Patent Litigation Explosion” Canard
The Economics of Drip Pricing at the FTC
The FTC is having a conference in the economics of drip pricing: Drip pricing is a pricing technique in which firms advertise only part of a product’s price and reveal other charges later as the customer goes through the buying process. The additional charges can be mandatory charges, such as hotel resort fees, or fees ... The Economics of Drip Pricing at the FTC
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
Free to Err? An Exchange on Behavioral Law and Economics at the Liberty Forum
Douglas Ginsburg and I have posted “Free to Err: Behavioral Law and Economics and its Implications for Liberty” on the new and very good Liberty Forum. Our contribution is based upon a more comprehensive analysis of the implications of behavioral law and economics for both economic welfare and liberty forthcoming in the Northwestern Law Review. ... Free to Err? An Exchange on Behavioral Law and Economics at the Liberty Forum
