Showing results for: “loyalty discounts”
The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
From a pure antitrust perspective, the real story behind the DOJ’s Apple e-book investigation is the Division’s deep commitment to the view that Most-Favored-Nation (MFN) clauses are anticompetitive (see also here), no doubt spurred on at least in part by Chief Economist Fiona Scott-Morton’s interesting work on the topic. Of course, there are other important ... The Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
The American Antitrust Institute has announced plans to draft a comprehensive set of jury instructions for antitrust trials. According to AAI president Bert Foer: In Sherman Act Section 1 and Section 2 civil cases, judges tend to gravitate towards the ABA Model Instructions as the gold standard for impartial instructions. … The AAI believes the ABA model ... AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
Should there be default fiduciary duties in Delaware LLCs and LPs?
A recently published on-line symposium calls needed attention to Delaware Chief Justice Myron Steele’s remarkable article, Freedom of Contract and Default Contractual Duties in the Delaware Limited Partnerships and Limited Liability Companies, 46 Am. Bus. L.J. 221 (2009) (no free link available). The Chief Justice makes an argument that is guaranteed to shock traditional business ... Should there be default fiduciary duties in Delaware LLCs and LPs?
Privacy Again
Today’s Wall Street Journal has a long article-debate on privacy. The strongest pro-privacy is Christopher Soghoian of the Open Society Institute. He confuses commercial privacy with government privacy: “The dirty secret of the Web is that the “free” content and services that consumers enjoy come with a hidden price: their own private data. Many of ... Privacy Again
Investigating Search Bias: Measuring Edelman & Lockwood’s Failure to Measure Bias in Search
Last week I linked to my new study on “search bias.” At the time I noted I would have a few blog posts in the coming days discussing the study. This is the first of those posts. A lot of the frenzy around Google turns on “search bias,” that is, instances when Google references its ... Investigating Search Bias: Measuring Edelman & Lockwood’s Failure to Measure Bias in Search
Bruce Kobayashi on Creative Destruction and the Market for Legal Services
Innovation and entry by entrepreneurs is a powerful force for change. Joseph Schumpeter saw these forces as the primary engine for long-term growth, even as the process of creative destruction destroyed existing wealth, including monopoly rents associated with established regulatory regimes. The forces of creative destruction seemingly have their sights squarely on the legal profession, ... Bruce Kobayashi on Creative Destruction and the Market for Legal Services
Competing Against Bundled Discounts: Lessons from Regional Airlines
Flying back from a hiking trip to spectacular Glacier National Park (see pics below the fold), I overheard a flight attendant say something that made me think of, what else?, bundled discounts. “We also fly for Delta,” the United flight attendant told the woman in front of me. That’s when I realized I was really flying on ... Competing Against Bundled Discounts: Lessons from Regional Airlines
The Efficiency of Metering Tie-Ins
Have you ever had to get on your hands and knees at Office Depot to find precisely the right printer cartridge? It’s maddening, no? Why can’t the printer manufacturers just settle on a single design configuration, the way lamp manufacturers use common light bulbs? You might think the printer manufacturer is trying to enhance its ... The Efficiency of Metering Tie-Ins
Nevada and the market for corporate law
I’m just catching up with this Board Member article about Delaware’s new competitor, Nevada. It notes that Nevada’s share of the out-of-state incorporation market rose from 4.6% in 2000 to 6% in 2007. Part of this may be due to lower fees than Delaware. But that can’t be the full explanation because all states are ... Nevada and the market for corporate law
FTC Microeconomics Conference
The Fourth Annual FTC Microeconomics Conference is scheduled for November 3 and 4, 2011. Here is the call for papers: The Federal Trade Commission’s Bureau of Economics will host a two day conference to bring together scholars working in areas related to the FTC’s antitrust, consumer protection and public policy missions. Those areas include industrial ... FTC Microeconomics Conference
Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers
I blogged a bit about the MetroPCS net neutrality complaint a few weeks ago. The complaint, you may recall, targeted the MetroPCS menu of packages and pricing offered to its consumers. The idea that MetroPCS, about one-tenth the size of Verizon, has market power is nonsense. As my colleague Tom Hazlett explains, restrictions on MetroPCS ... Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers
Posner on corporate fiduciary duties
Francis Pileggi brings news of an interesting Posner opinion in CDX Liquidating Trust v. Venrock Associates, (7th Cir. March 29, 2011), a case decided under Delaware law. As Mr. Pileggi notes, the case held, among other things, that disclosure of a conflict of a director’s interest may “insulate the agreement from attack, but does not, per ... Posner on corporate fiduciary duties
