Showing results for: “miles”
Dr. Miles is Dead. Now What?
As regular readers of this blog will know, I was pretty stoked when the Supreme Court finally overruled its infamous Dr. Miles decision. The Leegin Court’s holding that minimum resale price maintenance (RPM) is not per se illegal constituted a major step toward an economically rational and theoretically coherent approach to vertical restraints. (And on ... Dr. Miles is Dead. Now What?
Life After Dr. Miles
An article in today’s WSJ, Price-Fixing Makes Comeback After Supreme Court Ruling, reports that minimum resale price maintenance (i.e., the setting of minimum retail prices by product manufacturers) is increasing in light of last summer’s Leegin decision. That’s great news for me, because I’ve spent most of the summer cranking out an article on how ... Life After Dr. Miles
What is the Worst Antitrust Decision That is Good Law?
There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?
FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance (RPM) (i.e., the setting of minimum prices that retailers could charge for its shoes). Apparently, Nine West was providing retailers with lists of “off limits” or “non-promote” shoes that weren’t ... FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
"Leegin is a triumph of pragmatism"
That is what Judge Posner has to say about Leegin in his new book, How Judges Think. I’m only a few chapters in, but so far, its a fascinating read. I’ll probably blog some more about parts of the book later. In particular, I’ve been thinking recently about how the complexity of substantive antitrust analysis ... "Leegin is a triumph of pragmatism"
Are the Roberts Court Antitrust Decisions Really Pro-Business?
I’m a bit late to the party on Jeffrey Rosen’s provocative article in the NY Times Magazine claiming that the Supreme Court is biased in favor of businesses. For readers not familiar with Rosen’s claim, the basic assertion is that: With their pro-business jurisprudence, the justices may be capturing an emerging spirit of agreement among ... Are the Roberts Court Antitrust Decisions Really Pro-Business?
Amateurism Is What We Do!
Yesterday, the NCAA settled a horizontal price fixing class action case initiated by former basketball and football players (here, here, and here). It’s nice to see the student-athletes get something, but I wish they would have received more. The suit deals with the difference between the NCAA’s grant-in-aid (GIA) cap and the full cost of ... Amateurism Is What We Do!
Antitrust (Over-?)Confidence
Thom was recently invited to draft a critical response to a symposium at the Institute for Consumer Antitrust Studies on the future of single firm conduct. The transcript from the Roundtable Discussion is available on SSRN. Thom graciously asked me to join him in drafting a short critical piece to the symposium. It is difficult ... Antitrust (Over-?)Confidence
Teaching RPM After Leegin
Back in the olden days (i.e., before this past summer), a manufacturer automatically violated the antitrust laws — no ifs, ands, or buts — if he agreed with a retailer that the latter would charge at least a minimum price for the manufacturer’s products. For reasons we elaborated ad nauseum (click and scroll down), that ... Teaching RPM After Leegin
Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
While the antitrust nerds of the world (including yours truly) have been all atwitter over Leegin’s renunciation of Dr. Miles, another antitrust decision from October Term 2006 may turn out to be more significant in the long run. I’m speaking of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., in which the Supreme Court considered whether ... Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
A Comeback for Dr. Miles?
The Antitrust Subcommittee of the Senate Committee on the Judiciary will hold a hearing Tuesday morning on whether the Leegin decision is good antitrust policy. It is (see, e.g. our TOTM Leegin archives), but I suspect this hearing may be the beginning of the end for minimum RPM’s rule of reason era.
Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis of law, that use the term “Chicago School,” in a critical and misleading way. Conventionally, use of this nomenclature comes along with a claim that “Chicago School” economics is code for a ... Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
