Showing results for: “miles”
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
We welcome Commissioner Wright’s contribution in making the important point that the Commission’s unfair methods of competition (UMC) jurisdiction under Section 5 of the FTCA should be subject to limiting principles. We make two observations about the policy statement and a more general observation about the FTC in light of its upcoming 100th anniversary. The ... Terry Calvani and Angela Diveley on Injury to Competition and Efficiencies in Section 5 Claims
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 NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
The NCAA recently denied Todd O’Brien’s appeal to make use of the Grad Student Transfer Exception — which would allow O’Brien, who graduated St. Joseph’s with a degree in economics, to continue playing basketball while pursuing a graduate degree in Public Administration at University of Alabama-Birmingham. St. Joe’s, apparently at the behest of a college ... The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
Raising Rivals’ Costs, Pizza Edition
Many antitrust law professors are fond of using arson — e.g., a firm burning down the rival’s factory — as the paradigmatic example of exclusionary conduct that might raise rivals’ costs without plausible efficiency justifications. Here is a modern example with law school hypothetical written all over it involving a Domino’s Pizza manager burning down ... Raising Rivals’ Costs, Pizza Edition
Chicago’s View on the Future of Law and Economics
A very interesting group of essays on the future of law and economics by ten University of Chicago professors. It is especially interesting in light of the attempt to revitalize law and economics in Chicago. The essays exhibit a great diversity in views of what lies in store for the future of law and economics ... Chicago’s View on the Future of Law and Economics
Predatory Output Reduction?
The conventional predation claim involves a monopolist reducing price and increasing output. Here’s a creative theory involving a claim that a decision to close down factories injures competition: A federal judge in Texas is hearing testimony from farmers who contend that poultry producer Pilgrim’s Pride closed plants and ran them out of business to manipulate ... Predatory Output Reduction?
Into Eternity
One of the ways I celebrated my birthday yesterday in Chicago was seeing a movie in the afternoon(!) at the Siskel Center. The film is Into Eternity. Here’s the setup: Finland has nuclear waste which can be dangerous to humans for 100,000 years. So they’ve decided to bury in a way that it will ... Into Eternity
Some Links
EU raid on e-book publishers Ginsburg & Miles on the rise of empirical c0-authorship in the law Mike McCann updates on the Barry Bonds trial Federalism and online gambling David Henderson and Chris DeMuth remember economist Jack Calfee
DOJ Gears Up To Challenge Proposed Google-ITA Merger
The WSJ reports that the DOJ is getting itself ready to challenge the Google-ITA merger (see earlier TOTM posts here and here): Justice Department staff lawyers have begun preparing legal documents for use in a possible court challenge to the $700 million deal for ITA Software Inc., but no decision to proceed has been made, ... DOJ Gears Up To Challenge Proposed Google-ITA Merger
E-marriage at the AALS
I’ll be speaking at the AALS on a “hot topic” devoted to this interesting subject, Yosemite C, ballroom level at the Hilton, 4-5:45 January 7. Here’s a brief excerpt from a longer description of the program: The panel explores the likelihood that technology, modern-day mobility, and patterns in affiliation will produce increasing numbers of marriage ... E-marriage at the AALS
Will Leegin Return to the SCOTUS?
See Update Below. The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price maintenance, remanded the case to the district court to consider claims under the new rule of reason analysis. On remand, PSKS filed a second amended complaint alleging ... Will Leegin Return to the SCOTUS?
