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Showing results for:  “price gouging”

Wright on Carrier's Innovation in the 21st Century

First, I want to join the rest of the participants in congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property. ... Wright on Carrier's Innovation in the 21st Century

Manne on Carrier's Innovation in the 21st Century

Michael Carrier has written a timely and interesting book.  Like Dan, I’m still digesting it (which means, in translation: I have not yet read every word).  There is much to like about the book, in particular its accessible format and content.  I do fear that it is a bit overly ambitious, however, hoping both to ... Manne on Carrier's Innovation in the 21st Century

Crane on Carrier’s Innovation in the 21st Century

Congratulations to Mike on a very fine book, which I must admit I am still in the process of digesting.  I will confine my initial comments to Mike’s chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review. Patent settlements involving “reverse payments” ... Crane on Carrier’s Innovation in the 21st Century

Free Trade Petition

Atlas Economic Research Foundation is circulating a petition in favor of free trade (HT Sasha Volokh).  The plan is to unveil the petition before the April 1 G20 meetings in London.  Here is the text of the petition.  You can sign it here if you are interested. Free Trade Is the Best Policy The specter ... Free Trade Petition

On the Whole Foods Settlement

Thom kicked off discussion of the FTC and Whole Foods’ settlement on a critical note: It’s pretty impressive that the Commissioners were willing to stand their ground in the face of evidence that Whole Foods wasn’t earning monopoly profits, that numerous grocery retailers are moving toward the Whole Foods format, that there are obvious economies ... On the Whole Foods Settlement

Whole Foods Throws in the Towel — Congrats to the FTC!

The witch hunt is over. Last evening, the FTC announced that it would drop its antitrust action against high-end grocer Whole Foods in exchange for the chain’s agreement to sell 32 stores and to give up the rights to Wild Oats’ name. FTC Chairman Jon Leibowitz proclaimed that “[a]s a result of this settlement, American ... Whole Foods Throws in the Towel — Congrats to the FTC!

Verret on the Self-Defeating Bailout

My colleague JW Verret has an interesting take on the bank bailout at Forbes.com: This deal was intended to bolster public confidence in banks, while at the same time minimizing the cost of the bailout when Treasury sells its shares once markets pick up. The form of equity Treasury has taken, and plans to take ... Verret on the Self-Defeating Bailout

Varney on RPM

I just saw this very good piece in The Deal from Sean Gates and Tej Srimushnam (Morrison & Foerster) on what Christine Varney’s appointment to the Antitrust Division might mean for enforcement decisions. Gates and Srimushnam predict that some of the most important changes associated with the Varney DOJ are likely to be the “return” ... Varney on RPM

Perspectives on Ticketmaster/Live Nation

Links to the Congressional testimony are available here (including from Luke Froeb), an informative article in the WSJ, and another at MSNBC quoting Boston University’s Keith Hylton on the possibility that the post-merger firm would force sellers to reduce fees and pass-on lower ticket prices to consumers.

Unquestionably Correct?

An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case against certiorari in Linkline: “The holding of the Ninth Circuit is unquestionably correct, and indeed merely echoes what other courts of appeals have held on the narrow issue presented to ... Unquestionably Correct?

Linkline Decision is Unanimous

The opinion is available here.  Yet another super-majority Roberts Court antitrust decision applying consensus economic theory.  No more price squeeze claims.  Alcoa is not overturned.  The Court declares that the price-squeeze claim in the absence of a duty to deal can be handled jointly by a straightforward application of Trinko and Brooke Group to the ... Linkline Decision is Unanimous

Competitive Resale Price Maintenance in the Absence of Free-Riding

I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same title as this post, is lucidly written (blissfully free of equations, Greek letters, etc.) and makes a point that, at this juncture in antitrust’s history, is absolutely crucial. In the ... Competitive Resale Price Maintenance in the Absence of Free-Riding