Showing results for: “miles”
Evaluating Leegin
Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly weak dissent from Justice Breyer. As we’ve noted over and over here at TOTM, the death of Dr. Miles is clearly the right outcome judged based upon the underlying antitrust ... Evaluating Leegin
My Take on Credit Suisse . . .
is here, over at eCCP, and differs somewhat from Thom’s. The takeway excerpt is: Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further. The court’s “clearly incompatible†standard is new and (though it ... My Take on Credit Suisse . . .
Dr. Miles (1911-2007)
So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably: The per se rule should be reserved for practices that are always, or almost always, anticompetitive. The common law nature ... Dr. Miles (1911-2007)
Dr. Miles Overruled!!!
Josh, Thom, and I all predicted correctly that Dr. Miles would be overruled. We even predicted the vote count! I had hoped that Justice Breyer would join the majority, but instead he joined with Justices Ginsberg, Souter, and Stevens (as predicted) in dissent. The opinion is here.
Predictions on Leegin
Well we’re coming down to the wire, folks. The Supreme Court is wrapping up its term any day now, and no still no word on Leegin. Tom Goldstein from SCOTUSBLOG tells us the decision’s coming on Thursday. He also predicts that the author will be Justice Stevens, who has an antitrust background and hasn’t written ... Predictions on Leegin
A New Defense of the Per Se Prohibition Against RPM?
Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense of the per se rule against RPM. Here’s an excerpt from the abstract: In the following I argue that legal policymakers’ current approach is economically justified. I show that all ... A New Defense of the Per Se Prohibition Against RPM?
One More on Leegin (and then I’ll shut up…promise!)
I was on Spring Break last week and was too tied up to do much blogging on Leegin, which I’ve been following pretty closely. Fortunately, Josh and Keith were on the ball with some great insights. I did eventually manage to do a little tea-leaf reading for the eSapience Center for Competition Policy (eCCP). eCCP ... One More on Leegin (and then I’ll shut up…promise!)
More Thoughts on the Leegin Transcript
A few more thoughts to supplement Josh’s fine posting on the transcript of oral argument in Leegin. I don’t understand Justice Breyer. He recognizes that there are at least some circumstances in which RPM helps consumers. Why isn’t that enough for Dr. Miles to be overruled? Justice Breyer regards this as a “close case” (presumably ... More Thoughts on the Leegin Transcript
Some Preliminary Reactions to the Leegin Transcripts
Transcripts in Leegin are available here (HT: Antitrust Review where David Fischer points out some of the highlights of the oral argument). I may add some additional thoughts later after I read the whole thing again, but for now here are some first impressions: Breyer and Souter both had some interest comments on what to ... Some Preliminary Reactions to the Leegin Transcripts
Cass on Leegin
Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles: The decision was a mistake that has plagued antitrust law and American business ever since. Manufacturers have no interest in suppressing price competition to help increase profits for retailers. A manufacturer with a meaningful ... Cass on Leegin
Majoras Responds to Conyers Regarding Leegin
There’s just so much paper going back and forth on Leegin that it’s hard to keep up. In addition to various briefs and commentaries and Commissioner Harbour’s de facto brief (also discussed here), there has been some interesting correspondence between Rep. Conyers, Chair of the House Committee on the Judiciary, and Deborah Platt Majoras, Chair ... Majoras Responds to Conyers Regarding Leegin
More Stuff on Leegin
Antitrust Review has been covering the Leegin briefs. Good stuff here and here. Manfred Gabriel weighs in on my recent post and Josh’s comments here. In addition, The Antitrust Source has a number of interesting pieces on Dr. Miles and Leegin, including a nice overview piece by Antitrust Reviewer, David Fischer.
