Showing results for: “premium natural and organic”
Gus Hurwitz on the Application of Chevron to Section 5
Introduction This post is based upon an in-progress article that explores the applicability of Chevron deference to FTC interpretations of Section 5’s proscription of unfair methods of competition. ( I am happy to circulate a draft of this article to anyone who would like to offer substantive feedback.) The article is prompted by the near-universal belief in ... Gus Hurwitz on the Application of Chevron to Section 5
Searching for Antitrust Remedies, Part II
In the last post, I discussed possible characterizations of Google’s conduct for purposes of antitrust analysis. A firm grasp of the economic implications of the different conceptualizations of Google’s conduct is a necessary – but not sufficient – precondition for appreciating the inconsistencies underlying the proposed remedies for Google’s alleged competitive harms. In this post, ... Searching for Antitrust Remedies, Part II
Litigating Delaware governance law in an alien land
A recent Delaware case, Baker v. Impact Holding, Inc., raises several interesting questions on a topic I’ve discussed recently – where to litigate cases involving Delaware business entities. Francis Pileggi has a good summary of the case. I want to explore the case’s implications for jurisdictional competition. First some general background before getting into the ... Litigating Delaware governance law in an alien land
A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets
As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a significant reorganization, entailing primarily the sale of its international and non-television assets. Fox itself will continue, but ... A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets
The Costs of Product Placement, Maserati Edition
In my academic research, I’ve studied contractual arrangements between manufacturers and retailers for premium shelf space, including slotting arrangements and category management contracts. Typically, a shelf space arrangement in the retail sector will involve the supplier compensating the retailer for some specified promotional shelving arrangement, e.g. end-caps or eye level space, or a share of ... The Costs of Product Placement, Maserati Edition
FTC v. Qualcomm: Innovation and Competition
Just days before leaving office, the outgoing Obama FTC left what should have been an unwelcome parting gift for the incoming Commission: an antitrust suit against Qualcomm. This week the FTC — under a new Chairman and with an entirely new set of Commissioners — finished unwrapping its present, and rested its case in the trial begun ... FTC v. Qualcomm: Innovation and Competition
Delaware and the American Association of Law Schools
I had the opportunity to present Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice at the American Association of Law Schools conference session on Business Associations in January. It was an engaging experience that I found particularly fun as I am from Louisiana and used to live in New Orleans. The audience was ... Delaware and the American Association of Law Schools
For Scotch Whisky, Age Is Just A Number
For a potential entrepreneur, just how much time it will take to compete, and the barrier to entry that time represents, will vary greatly depending on the market he or she wishes to enter. A would-be competitor to the likes of Subway, for example, might not find the time needed to open a sandwich shop ... For Scotch Whisky, Age Is Just A Number
Interest Rates and Antitrust
Today’s Israeli newspapers have an interesting story about a multibillion dollar antitrust suit that an Israeli manufacturing firm has brought against Israel’s three major banks. The complaint alleges that the banks price colluded on rates, charging identically in five distinct rate categories: a uniform prime rate always 1.5% above the central bank’s; a uniform risk ... Interest Rates and Antitrust
The (Present) Costs of Global Warming
According to a news story from Reuters, a recent Tufts University study (available here) says that “if nothing is done to combat global warming,” then by the year 2100, “two of Florida’s nuclear power plants, three of its prisons and 1,362 hotels, motels and inns will be under water” because of rising sea levels. This ... The (Present) Costs of Global Warming
Free Uber
From the NY Times: Uber, a company based in San Francisco, is introducing a smartphone app to New York that allows available taxi drivers and cab-seeking riders to find one another. The company said the service would begin operating on Wednesday in 105 cabs — a bit less than 1 percent of the city’s more ... Free Uber
Broken Tax Promises
Remember this? How about this?: GEORGE STEPHANOPOULOS: You were against the individual mandate… PRESIDENT OBAMA: Yes. STEPHANOPOULOS: …during the campaign. Under this mandate, the government is forcing people to spend money, fining you if you don’t. How is that not a tax? OBAMA: Well, hold on a second, George. Here — here’s what’s happening. You ... Broken Tax Promises
