Showing results for: “price gouging”
Section 2 Symposium: Bill Page on Microsoft and the DOJ’s General Standards of Exclusion
The DOJ’s § 2 Report offers two recommendations under the heading of “General Standards for Exclusionary Conduct.” First, for evaluating alleged acts of exclusion, the Report endorses the burden-shifting framework of the D.C. Circuit’s 2001 Microsoft decision. Second, after canvassing various standards of anticompetitive effect, the Report settles on the “disproportionality test,” under which “conduct ... Section 2 Symposium: Bill Page on Microsoft and the DOJ’s General Standards of Exclusion
Section 2 Symposium: Thom Lambert on Defining and Identifying Exclusionary Conduct
There’s a fundamental problem with Section 2 of the Sherman Act: nobody really knows what it means. More specifically, we don’t have a very precise definition for “exclusionary conduct,” the second element of a Section 2 claim. The classic definition from the Supreme Court’s Grinnell decision — “the willful acquisition or maintenance of [monopoly] power ... Section 2 Symposium: Thom Lambert on Defining and Identifying Exclusionary Conduct
Section 2 Symposium: David Evans–An Economist’s View
The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View
Section 2 Symposium: Michael Salinger on Framing the Debate
Given the embarrassing outcome of the FTC/DOJ single-firm conduct hearings, it is worth revisiting what the organizers of the hearings were attempting to accomplish. The Federal Register notice announcing the hearings provides some key insights. It read, in part: The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer ... Section 2 Symposium: Michael Salinger on Framing the Debate
Section 2 Symposium: Tad Lipsky on Framing the Debate
When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique issued by three FTC Commissioners, including now-Chairman Leibowitz. The three (Harbour, Leibowitz and Rosch, hereinafter “HLR”) accused the Antitrust Division of placing “a thumb on the ... Section 2 Symposium: Tad Lipsky on Framing the Debate
Maryland Adopts New Per Se Rule for Minimum RPM
A new law in Maryland will take effect on October 1 and will re-instate the Dr. Miles rule for minimum RPM. The Wall Street Journal reports that it is a “move that could lead to lower prices for consumers across the country.” I doubt it. There are quite a few reasons to believe that shifts ... Maryland Adopts New Per Se Rule for Minimum RPM
Web Seminar: Antitrust Economics 101
I’ll be teaching an interactive web seminar on basic microeconomic concepts that form the basis of antitrust analysis through Competition Policy International’s Learning Center on three consecutive Wednesdays: May 13, 20, and 27th. CLE credit is available for practicing lawyers. Though I think the material will be useful for antitrust lawyers, law students interested in ... Web Seminar: Antitrust Economics 101
Glaxo/Pfizer HIV Drug Collaboration
There’s an interesting story in the WSJ about a merger between the HIV-drug businesses at Glaxo and Pfizer. Some details from the story: Examples of cooperation among drug giants are unusual — Pfizer and Glaxo are the world’s top two drug companies by sales, respectively — since big pharmaceutical companies compete to sell products, attract ... Glaxo/Pfizer HIV Drug Collaboration
Randy Picker on the Google Book Settlement
Randy Picker has posted The Google Book Settlement: A New Orphan Works Monopoly? to SSRN. I have not been following the antitrust issues related to the settlement as closely as I should be and so I’m really looking forward to reading this. Here is the abstract: This paper considers the proposed settlement agreement between Google ... Randy Picker on the Google Book Settlement
Dont Call It A Comeback
When I came onto the job market in 2004, a number of advisers told me that I should not market myself as an “antitrust guy.” The prevailing view on the job market was that “antitrust was dead.” This perception was conveyed one way or another in interviews or conversations with folks in the legal academy. ... Dont Call It A Comeback
Professor Carrier’s Response
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response
Crouch on Carrier’s Innovation in the 21st Century
I am enjoying Professor Carrier’s new book Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. I will focus my discussion here on patent issues discussed in Part III of the book. As other commentaries have noted the book is long on conclusions and proposals but somewhat short on justifications for ... Crouch on Carrier’s Innovation in the 21st Century
