The Archives

The collection of all scholarly commentary on law, economics, and more

Showing results for:  “price gouging”

Intellectual Property, Standard Setting, and the Limits of Antitrust

[Cross-posted at TalkStandards.com, a blog devoted on standards and related issues] One of the most significant challenges facing competition policy today is defining the appropriate role of antitrust law within the context of intellectual property right licensing by standard-setting organizations (“SSOs”).  Many commentators believe it is necessary to apply the full force of the antitrust ... Intellectual Property, Standard Setting, and the Limits of Antitrust

Command and control in California. Shocking.

In a move stupider even than Chicago’s foie gras and trans fat bans (on which see Thom here), California appears to be set to ban . . . wait for it . . . big TVs.  Environmentalists, those growing enemies of freedom and common sense everywhere, are pushing the ban because large-screen TVs use a ... Command and control in California. Shocking.

Babies-R-Us and the Case Against a Presumption of Illegality for Retailer-Initiated RPM

According to the Wall Street Journal, the FTC is investigating whether retailer Toys-R-Us has violated the antitrust laws by inducing certain manufacturers to set minimum resale prices for their products (i.e., to engage in resale price maintenance, or “RPM”). The Journal first reports that the Commission “is investigating whether [Toys-R-Us] may have violated an 11-year-old ... Babies-R-Us and the Case Against a Presumption of Illegality for Retailer-Initiated RPM

Response to Steve Salop on credit card antitrust

Steve’s post responding to me and Josh on antitrust exemptions and buyer cartels raised a number of interesting issues.   A few points in response: 1.  Constantine’s book is quite a measured look at the case (not).  I love how he risked everything — everything! — for the case.  He and the country’s other contingency fee ... Response to Steve Salop on credit card antitrust

Response to Comments on Antitrust Exemptions and Joint Monopsony Conduct to Countervail Monopoly Power

In response to my first post on joint monopsony conduct to countervail monopoly power, Mike Ward raises the issue of justifying a merger among sellers on the basis that it will countervail alleged monopsony power.  Labor unions have an antitrust exemption for just that purpose.   In terms of merger policy, Tom Campbell has written an ... Response to Comments on Antitrust Exemptions and Joint Monopsony Conduct to Countervail Monopoly Power

Should Antitrust Exempt Joint Monopsony Conduct to Countervail Monopoly?

Geoff and Josh raise an interesting issue about collective market conduct by buyers.  Suppose that a group of final consumers face a monopolist.  Should the consumers be permitted to band together into an “association” to jointly negotiate a lower price from the monopolist?  Some would say that such buyer “cooperatives” are permitted, whereas others would ... Should Antitrust Exempt Joint Monopsony Conduct to Countervail Monopoly?

What Am I Missing About Antitrust Exemptions?

Geoff mentions the pending bills on the Hill that would grant merchants an antitrust exemption to negotiate interchange fees.  The insurance industry exemption has also been in the news of late in the wake of the Democrats’ threats of repeal.  Here’s what I’m puzzled about.  Other than self-interested parties that have a lot to gain ... What Am I Missing About Antitrust Exemptions?

Don't kill interchange fees

Speaking of Josh’s co-author, David Evans,  David just testified the other day before the House Financial Services Committee on a bill, the Welch Bill, HR 2382, that would regulate the fees banks charge to each other to process credit card payments.  The Welch Bill is actually only one of three pending bills that would regulate ... Don't kill interchange fees

Will the Public Insurance Plan Be a Predator?

Wall Street Journal columnist Thomas Frank inhabits a simple little world in which private enterprise, in its relentless pursuit of profit (i.e., charging more for something than it’s worth), is consistently a force for evil, and government, populated by wise and benevolent folk who have eschewed riches in favor of public service (see, e.g., Ted ... Will the Public Insurance Plan Be a Predator?

AALS Exercises Its Market Power

Professor Bainbridge reports. Hmmm….Possible market power, deceptive conduct, and increase in prices? Just saying.

Coming Soon: New Merger Guidelines

The possibility of new Merger Guidelines has been much discussed in the antitrust community, particularly in light of appointment of the two new chief agency economists, Carl Shapiro and Joe Farrell, who have done substantial work on the economics of horizontal mergers and market definition.  Today, the FTC and DOJ announced a series of workshops ... Coming Soon: New Merger Guidelines

Chicago Public Radio on Price-Fixing

The Chicago Public Radio series “This American Life” has an installment on price-fixing that antitrust buffs might be interested in (HT: former student Jan Rybnicek).  The series features an interview with Kurt Eichenwald, author of the Informant, the book now turned movie (featuring Matt Damon) centering around the Archers Daniel Midland price-fixing conpsiracy.