Showing results for: “price gouging”
Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
For several decades, U.S. federal antitrust enforcers, on a bipartisan basis, have publicly supported the proposition that antitrust law seeks to advance consumer welfare by promoting economic efficiency and vigorous competition on the merits. This reflects an economic interpretation of the antitrust laws adopted by the Supreme Court beginning in the late 1970s, inspired by ... Attorney General Lynch Demonstrates a Misunderstanding of American Antitrust Law, and its Proper Role in Promoting Economic Dynamism
Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law. The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents
The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
The Obama Administration regrettably continues its campaign to weaken intellectual property (IP) rights, moving beyond antitrust policy (see articles by me, here and here) to the realm of substantive legislation. In his fiscal year 2017 budget proposal, President Obama proposed to reduce the period of exclusivity granted producers of “biologic” drugs from twelve to seven ... The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
U.S. Regulatory Budgeting: Take a Page from Canada
Like taxation, government regulation imposes indirect deadweight efficiency losses on the economy as well as direct costs on affected businesses and consumers. Unlike taxation, however, whose direct costs (payments made to government) are on public display, the heavy direct burden of regulation is far less visible to the public. This creates a strong incentive for ... U.S. Regulatory Budgeting: Take a Page from Canada
Competition, not Price Controls
In an effort to control drug spending, several states are considering initiatives that will impose new price controls on prescription drugs. Ballot measures under consideration in California and Ohio will require drug companies to sell drugs under various state programs at a mandated discount. And legislators in Massachusetts and Pennsylvania have drafted bills that would create new government commissions ... Competition, not Price Controls
Justice Scalia, Monopolization, and Economic Efficiency
The late Justice Antonin Scalia’s magisterial contributions to American jurisprudence will be the source of numerous learned analyses over the coming months. As in so many other doctrinal areas, Justice Scalia’s opinions contributed importantly to the sound development of antitrust law, and, in particular, to the assessment of monopolization. His oft-cited 2004 opinion for the ... Justice Scalia, Monopolization, and Economic Efficiency
Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be true if, as Richard Epstein claims, “the general view is that horizontal arrangements are per se unlawful.” That, however, is not ... Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books
In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may be fictional, but the Apple eBooks case suggests that the ability to insert extra-factual memories into the courts already exists. The Department of Justice, the Second ... Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books
Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over a century. The active debate here at TOTM reveals why. The District Court and Second Circuit have employed a per se rule to find that the ... Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
Sagers on the Apple e-books case: Why does everybody hate competition so much?
United States v. Apple has fascinated me continually ever since the instantly-sensational complaint was made public, more than three years ago. Just one small, recent manifestation of the larger theme that makes it so interesting is the improbable range of folks who apparently consider certiorari rather likely—not least some commenters here, and even SCOTUSblog, which ... Sagers on the Apple e-books case: Why does everybody hate competition so much?
Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course
The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political campaign, or the earnest effort to create a controversy over the Apple decision, there may be lots of words exchanged and animated discussion by political ... Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course
Hylton on the Apple e-books case: The central importance of the Court’s under-appreciated Business Electronics case
For a few months I have thought that the Apple eBooks case would find an easy fit within the Supreme Court’s antitrust decisions. The case that seems closest to me is Business Electronics v. Sharp Electronics, an unfortunately under-appreciated piece of antitrust precedent. One sign of its under-appreciation is its absence in some recent editions ... Hylton on the Apple e-books case: The central importance of the Court’s under-appreciated Business Electronics case
