Showing results for: “price gouging”
Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
FTC Commissioner Wright issued today his Policy Statement on enforcement of Section 5 of the FTC Act against Unfair Methods of Competition (UMC)—the one he promised in April. Wright introduced the Statement in an important policy speech this morning before the Executive Committee Meeting of the New York State Bar Association’s Antitrust Section. Both the Statement ... Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
Final Reply to Steve Salop
Dan’s final post responding to Steve’s latest post. Other posts in the series: Dan, Steve, Dan, Steve, Dan, and Thom. It seems that it’s time to wind down and that a further tit-for-tat might not be productive, so I’ll close with a final comment on the first point that Steve makes—one that may undergird much of our disagreement. Steve asserts that “the $71 ... Final Reply to Steve Salop
Dan, Come Over to the Rule of Reason
Steve’s next, perhaps final, installment, responding to Dan’s latest post on the appropriate liability rule for loyalty discounts. Other posts in the series: Steve, Dan, Steve, Dan, and Thom. My invitation comes with several hopefully final observations. (1) Dan says, “There’s neither input foreclose nor output foreclosure if a rival can neutralize a loyalty discount without pricing unprofitably.” My examples showed several reasons ... Dan, Come Over to the Rule of Reason
A Further Reply to Steve Salop
Dan’s next installment, responding to Steve’s latest post responding to Dan’s latest post on the appropriate liability rule for loyalty discounts. Other posts in the series: Steve, Dan, and Thom. I’m happy to keep going back in forth with Steve until we wear out our welcome at TOTM, or simply wear out. [Keep ’em coming! – ed.] (1) There’s neither input foreclose ... A Further Reply to Steve Salop
Good News for the SEC? Bad News for Markets
The Securities and Exchange Commission (SEC) recently scored a significant win against a Maryland banker accused of naked short-selling. What may be good news for the SEC is bad news for the market, as the SEC will now be more likely to persecute other alleged offenders of naked short-selling restrictions. “Naked” short selling is when ... Good News for the SEC? Bad News for Markets
Crane is not Right: A Response to Dan Crane on Loyalty Discounts
Guest post by Steve Salop responding to Dan’s latest post on the appropriate liability rule for loyalty discounts. Other posts in the series: Steve, Dan, and Thom. (1) Dan says that price-cost test should apply to “customer foreclosure” allegations. One of my key points was that many loyalty discount claims involve “input foreclosure” or “raising rivals’ costs” effects, not plain-vanilla ... Crane is not Right: A Response to Dan Crane on Loyalty Discounts
Wright is Right, and Wright is Wrong: A Response to Steve Salop on Loyalty Discounts
Guest post by Dan Crane, responding to Steve’s post responding to Dan’s earlier post and Thom’s post on the appropriate liability rule for loyalty discounts. Something that Thom and I both said in our earlier posts needs to be repeated at the outset: I don’t know of anyone who disagrees with Steve and Josh that raising rivals’ costs (“RRC”) and ... Wright is Right, and Wright is Wrong: A Response to Steve Salop on Loyalty Discounts
Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Guest post by Steve Salop, responding to Dan’s post and Thom’s post on the appropriate liability rule for loyalty discounts. I want to clarify some of the key issues in Commissioner Wright’s analysis of Exclusive Dealing and Loyalty Discounts as part of the raising rivals’ costs (“RRC”) paradigm. I never thought that I would have to defend Wright against ... Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Dan Crane on Commissioner Wright’s Rejection of a Price-Cost Test for Loyalty Discounts
Guest post by Michigan Law’s Dan Crane. (See also Thom’s post taking issue with FTC Commissioner Josh Wright’s recent remarks on the appropriate liability rule for loyalty discounts). A number of people on both sides of the ideological spectrum were surprised by FTC Commissioner Josh Wright’s recent speech advocating that the FTC reject the use of price-cost ... Dan Crane on Commissioner Wright’s Rejection of a Price-Cost Test for Loyalty Discounts
Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
It’s not often that I disagree with my friend and co-author, FTC Commissioner Josh Wright, on an antitrust matter. But when it comes to the proper legal treatment of loyalty discounts, the Commish and I just don’t see eye to eye. In a speech this past Monday evening, Commissioner Wright rejected the view that there should ... Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
Why I think the government will have a tough time winning the Apple e-books antitrust case
Trial begins today in the Southern District of New York in United States v. Apple (the Apple e-books case), which I discussed previously here. Along with co-author Will Rinehart, I also contributed an essay to a discussion of the case in Concurrences (alongside contributions from Jon Jacobson and Mark Powell, among others). Much of my ... Why I think the government will have a tough time winning the Apple e-books antitrust case
My Hip Saga and How the Affordable Care Act Squandered Our Best Opportunity to Lower Health Care Costs
After two years of nagging and increasingly worse hip and leg pain, I learned last August (at age forty) that I have a congenital hip deformity and need to have both hips replaced. In planning for this surgery, I’ve witnessed first-hand a problem that is driving American health care costs through the roof and is exacerbated by ... My Hip Saga and How the Affordable Care Act Squandered Our Best Opportunity to Lower Health Care Costs
