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Showing results for:  “%22whole foods%22”

Mossoff on the Rise and Fall of the Sewing Machine Patent Thicket

My colleague Adam Mossoff is blogging over at the Volokh Conspiracy on his fascinating paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket. Here’s an excerpt from the first post: The debate centers on whether patent thicket theory accurately explains or predicts such problems in practice, and the empirical ... Mossoff on the Rise and Fall of the Sewing Machine Patent Thicket

Dont Call It A Comeback

When I came onto the job market in 2004, a number of advisers told me that I should not market myself as an “antitrust guy.”  The prevailing view on the job market was that “antitrust was dead.”  This perception was conveyed one way or another in interviews or conversations with folks in the legal academy.  ... Dont Call It A Comeback

On the Whole Foods Settlement

Thom kicked off discussion of the FTC and Whole Foods’ settlement on a critical note: It’s pretty impressive that the Commissioners were willing to stand their ground in the face of evidence that Whole Foods wasn’t earning monopoly profits, that numerous grocery retailers are moving toward the Whole Foods format, that there are obvious economies ... On the Whole Foods Settlement

Who’s Your Nanny?

My law school classmate, M. Todd Henderson (Chicago Law), has posted an interesting paper on SSRN. The paper, entitled The Nanny Corporation and the Market for Paternalism, explores “Nannyism” by business firms and the government. Nannyism consists of imposing paternalistic rules designed to protect the governed — e.g., rules against smoking, drinking, over-eating, and engaging ... Who’s Your Nanny?

Whole Foods Throws in the Towel — Congrats to the FTC!

The witch hunt is over. Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this settlement, American ... Whole Foods Throws in the Towel — Congrats to the FTC!

ALEA 2009 May 15-16 in San Diego

The program is available here. And I’m thrilled to report that my paper (with co-author Michael Baye), Is Antitrust Too Complicated for Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, has been selected for the conference.  I’m very much looking forward to the panel and the conference in general. [UPDATE: Congratulations ... ALEA 2009 May 15-16 in San Diego

Whole Foods Remand Update

From the Blog of Legal Times: Yesterday, Friedman sided with the FTC’s interpretation of the D.C. Circuit’s three-way opinion. He will limit his role on remand, which is exactly what lawyers for the FTC said the D.C. Circuit wanted. The Whole Foods lawyers—including Dechert partners Paul Friedman (not the judge) and Paul Denis—urged Friedman to ... Whole Foods Remand Update

Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued

The FTC announced today that it has approved a notice adopting interim final rules amending Parts III and IV of its rules of practice. As boring as that sound, this is a big deal. Here is the Federal Register notice. There are a number of changes, for instance, deadlines are imposed to expedite the pre-hearing ... Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued

Whole Foods Brings It

“Now for the evidence,” said the King. “And then the sentence.” “No!” said the Queen. “First the sentence, and then the evidence.” So goes a famous passage of Lewis Carroll’s Alice in Wonderland. And so begins Whole Foods’ new lawsuit against the Federal Trade Commission. In the lawsuit, filed yesterday in federal court in D.C., ... Whole Foods Brings It

The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions

Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions

Reverse Payments Ripe for Cert?

The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust Review and Patently-O): Since there was no basis for the district court to confidently predict that the Agreements at issue here would be found to be unlawful under a rule ... Reverse Payments Ripe for Cert?

Antitrust Links

Luke Froeb (and the WSJ) on learning about potentially anticompetitive mergers from false negatives The Onion does antitrust (its a bit old, but still quite funny) Rumors of Microsoft investigation in China pickup again … Antitrust Review links to the petition for rehearing en banc and motion to disqualify the Commission as the administrative law ... Antitrust Links