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Showing results for:  “digital markets act”

ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order

Yesterday, the International Center for Law & Economics, together with Professor Gus Hurwitz, Nebraska College of Law, and nine other scholars of law and economics, filed an amicus brief in the DC Circuit explaining why the court should vacate the FCC’s 2015 Open Internet Order. A few key points from ICLE’s brief follow, but you can read a longer summary ... ICLE and leading academics file amicus brief urging the court to overturn the FCC’s illegal net neutrality order

Congratulations to Bill Baer

President Obama has, as rumored, appointed Bill Baer (Arnold & Porter) to head the Antitrust Division.  Reuters reports: Baer, who is the chair of Arnold and Porter’s Antitrust Practice Group, also previously headed the Federal Trade Commission’s competition division when it stopped a merger between Staples and Office Depot in 1997. He will replace Sharis ... Congratulations to Bill Baer

GMU Law Review Symposium on High-Tech Antitrust on January 26th

I am very pleased to pass along this information about the 15th Annual Symposium on Antitrust Law on January 26th, 2012 sponsored by the George Mason Law Review, GMU Law & Economics Center, and Kelley Drye & Warren LLP.   The George Mason Law Review, in partnership with the George Mason University Law & Economics ... GMU Law Review Symposium on High-Tech Antitrust on January 26th

Did the Chicago School Overshoot the Mark?

I’ve posted to SSRN a new essay entitled Overshot the Mark?  A Simple Explanation of the Chicago School’s Influence on Antitrust.  It is a book review of Robert Pitofsky’s recent volume How the Chicago School Overshot the Mark: The effect of Conservative Economic Analysis on U.S. Antitrust, and is forthcoming in Volume 5 of Competition ... Did the Chicago School Overshoot the Mark?

Google's Very Public Efficiencies Defense

Here is Google’s attempt to measure its the economic impact of Google search and adwords, adsense and its Google grants programs.  Some media coverage (including a critique of the calculations) here.  The total?  $54 billion.  The report includes state-by-state breakdowns.  Not exactly a made-for-litigation antitrust expert report, but I’m sure a few copies have been ... Google's Very Public Efficiencies Defense

Maryland Adopts New Per Se Rule for Minimum RPM

A new law in Maryland will take effect on October 1 and will re-instate the Dr. Miles rule for minimum RPM. The Wall Street Journal reports that it is a “move that could lead to lower prices for consumers across the country.” I doubt it. There are quite a few reasons to believe that shifts ... Maryland Adopts New Per Se Rule for Minimum RPM

Section 2 Symposium: David Evans–An Economist’s View

The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View

FTC on the CFPA

Commissioners Rosch and Kovacic of the Federal Trade Commission come out against the proposed CFPA.  Both emphasize the risk of shifting consumer protection authority away from an agency with substantial expertise in the area (including the Bureau of Economics which has an excellent record of reports and publications in this area) to an unproven agency.  ... FTC on the CFPA

Results Not Typical

Apparently, under the proposed changes to the FTC advertising guidelines, a “results not typical” disclaimer for consumer endorsements representing a non-typical experience will no longer be sufficient on the grounds that those types of disclaimers have not been sufficient in deterring deception.   The big change in the rules is as follows: “If the advertiser does ... Results Not Typical

Announcement: TOTM Merger Guidelines Blog Symposium is Coming!

In light of the DOJ/FTC announcement of workshops to explore possible revisions to the Merger Guidelines in December 2009 and January 2010, TOTM is organizing a symposium on the legal and economic issues associated with the Guidelines.  In particular, we’ve asked a panel of a dozen or so of the leading antitrust lawyers and economists ... Announcement: TOTM Merger Guidelines Blog Symposium is Coming!

New Federal Trade Commission Nominees Julie Brill and Edith Ramirez

The President has announced his intention to nominate two new Federal Trade Commissioners: Julie Brill and Edith Ramirez.  Brill comes from a State AG background (Vermont and most recently North Carolina).  Ramirez was a partner at Quinn Emanuel whose bio suggests significant experience in litigating intellectual property and other commercial contract disputes.

A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance

My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created by the Supreme Court’s 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. The Leegin Court held that instances of ... A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance