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Showing results for:  “loyalty discounts”

A “social contract” for the drug industry

Mylan Pharmaceuticals recently reinvigorated the public outcry over pharmaceutical price increases when news surfaced that the company had raised the price of EpiPens by more than 500% over the past decade and, purportedly, had plans to increase the price even more. The Mylan controversy comes on the heels of several notorious pricing scandals last year. Recall ... A “social contract” for the drug industry

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

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

Politicians Call for More Price Controls on Pharmaceuticals

Politicians have recently called for price controls to address the high costs of pharmaceuticals. Price controls are government-mandated limits on prices, or government-required discounts on prices. On the campaign trail, Hillary Clinton has called for price controls for lower-income Medicare patients while Donald Trump has recently joined Clinton, Bernie Sanders, and President Obama in calling for more ... Politicians Call for More Price Controls on Pharmaceuticals

Voting Now Open for 2016 Concurrences Writing Awards

I urge Truth on the Market readers to signal their preferences and help select the 2016 antitrust writing awards bestowed by the prestigious competition law and policy journal, Concurrences.  (See here for the 2015 winners.) Readers and a Steering Committee vote for their favorite articles among those nominated, which results in a short list of ... Voting Now Open for 2016 Concurrences Writing Awards

Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct

This blurb published yesterday by Competition Policy International nicely illustrates the problem with the growing focus on unilateral conduct investigations by the European Commission (EC) and other leading competition agencies: “EU: Qualcomm to face antitrust complaint on predatory pricing Dec 03, 2015 The European Union is preparing an antitrust complaint against Qualcomm Inc. over suspected ... Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct

The Supreme Court Needs to Intervene and Bring Rationality to Tying Law – and It May Wish to Look at Loyalty Discounts as Well

In Collins Inkjet Corp. v. Eastman Kodak Co. (2015) (subsequently settled, leading to a withdrawal of Kodak’s petition for certiorari), the Sixth Circuit elected to apply the Cascade Health Solutions v. PeaceHealth “bundled discount attribution price-cost” methodology in upholding a preliminary injunction against Kodak’s policy of discounting the price of refurbished Kodak printheads to customers ... The Supreme Court Needs to Intervene and Bring Rationality to Tying Law – and It May Wish to Look at Loyalty Discounts as Well

Josh Wright and the Limits of Antitrust

Alden Abbott and I recently co-authored an article, forthcoming in the Journal of Competition Law and Economics, in which we examined the degree to which the Supreme Court and the federal enforcement agencies have recognized the inherent limits of antitrust law. We concluded that the Roberts Court has admirably acknowledged those limits and has for ... Josh Wright and the Limits of Antitrust

An Economist’s Touch: Josh Wright’s FTC Legacy

The FTC was the brain child of Progressive Era technocrats who believed that markets could be made to run more effectively if distinguished experts in industry and economics were just put in charge. Alas, as former FTC Chair Bill Kovacic has chronicled, over the Commission’s first century precious few of the Commissioners have been distinguished ... An Economist’s Touch: Josh Wright’s FTC Legacy

A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense

Uber is currently facing a set of plaintiffs who are seeking class certification in the Northern District of California (O’Connor, et. al v. Uber, #CV 13-3826-EMC) on two distinct grounds. First, the plaintiffs allege that Uber systematically deprived them of tips from riders by virtue of how the service is presented to end-users and how ... A Vision of a Class-Free Society – California Suit Against Uber Makes Little Sense

Debunking the Myth of a Data Barrier to Entry for Online Services

Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists continue their attempts to breathe life into this novel concept. Elsewhere we have written at length on the scholarship addressing the issue and found the ... Debunking the Myth of a Data Barrier to Entry for Online Services

Highlights from Josh Wright’s Interview in The Antitrust Source

Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source.  The extensive (22 page!) interview covers a number of topics and demonstrates the positive influence Commissioner Wright is having on antitrust enforcement and competition policy in general. Commissioner Wright’s ... Highlights from Josh Wright’s Interview in The Antitrust Source