Showing results for: “e-books”
The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
Did Apple conspire with e-book publishers to raise e-book prices? That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws? Not necessarily—and even if it does, perhaps it shouldn’t. Antitrust’s sole goal is maximizing consumer welfare. While that generally means antitrust regulators should focus on lower prices, the situation is more ... The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple
DOJ’s Latest on Apple Investigation
From the WSJ: Publishers argue that the agency model promotes competition by allowing more booksellers to thrive. They say Amazon had sold e-books below cost and that agency pricing saved book publishers from the fate suffered by record companies. But the Justice Department believes it has a strong case that Apple and the five publishers ... DOJ’s Latest on Apple Investigation
The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
From a pure antitrust perspective, the real story behind the DOJ’s Apple e-book investigation is the Division’s deep commitment to the view that Most-Favored-Nation (MFN) clauses are anticompetitive (see also here), no doubt spurred on at least in part by Chief Economist Fiona Scott-Morton’s interesting work on the topic. Of course, there are other important ... The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
Local Barriers to Entry: Arlington Beer Garden Edition
Last week I posted about the regulatory barriers facing an ice cream shop in San Francisco. A student passes along a story that hits a bit closer to home: the sale of beer right here in Arlington County. Apparently, the owner of the Westover Beer Garden has had enough: It’s been a contentious couple of ... Local Barriers to Entry: Arlington Beer Garden Edition
Best Antitrust Articles and Books of 2011
Danny Sokol posted some nominations for best Antitrust Article from a variety of antitrust experts. I was supposed to include my nomination for that list but missed the deadline. Turns out my draft list doesn’t have much overlap with the articles nominated over there, so I figured I’d share my whole list here with all ... Best Antitrust Articles and Books of 2011
Hovenkamp’s Cases and Materials on Innovation and Competition Policy
Herb Hovenkamp has posted his new casebook on Innovation and Competition Policy to SSRN, where one can download the chapters individually. This is a very nice development for students; and the book seems perfectly fit for a course on Innovation and Competition Policy — for which it was designed — but also appropriate for a ... Hovenkamp’s Cases and Materials on Innovation and Competition Policy
Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement
I don’t share this to offer an opinion on the underlying action, but I thought it would be an item of interest to our readers. Much has been written on this blog about challenges in the SEC’s FCPA enforcement process. I am surprised the news media hasn’t touched Herman Cain’s relationship with AGCO Corp. during ... Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement
ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
[I am participating in an online “debate” at the American Constitution Society with Professor Ben Edelman. The debate consists of an opening statement and concluding responses to be posted later in the week. Professor Edelman’s opening statement is here. I am cross-posting my opening statement here at TOTM. This is my closing statement] Professor Edelman’s ... ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
Lawyers vs. software
Roger Parloff asks, “can software practice law?” He discusses class litigation over whether the web service LegalZoom.com is illegally practicing law in Missouri by helping users prepare legal documents by posing questions and then providing a customized document based on the user’s answers. The class plaintiffs don’t claim any injury other than the price they ... Lawyers vs. software
Barnett v. Barnett on Antitrust
Tom Barnett (Covington & Burling) represents Expedia in, among other things, its efforts to persuade a US antitrust agency to bring a case against Google involving the alleged use of its search engine results to harm competition. In that role, in a recent piece in Bloomberg, Barnett wrote the following things: “The U.S. Justice Department ... Barnett v. Barnett on Antitrust
An update on the evolving e-book market: Kindle edition (pun intended)
[UPDATE: Josh links to a WSJ article telling us that EU antitrust enforcers raided several (unnamed) e-book publishers as part of an apparent antitrust investigation into the agency model and whether it is “improperly restrictive.” Whatever that means. Key grafs: At issue for antitrust regulators is whether agency models are improperly restrictive. Europe, in particular, ... An update on the evolving e-book market: Kindle edition (pun intended)
Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences. A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
