The Archives

Everything written by Alden Abbott on law, economics, and more

Antitrust Enforcers’ Stealth Undermining of Patent Rights – Shedding Light on a Recent and Troubling Phenomenon

In recent years, antitrust enforcers in Europe and the United States have made public pronouncements and pursued enforcement initiatives that undermine the ability of patentees to earn maximum profits through the unilateral exercise of rights within the scope of their patents, as discussed in separate recent articles by me and by Professor Nicolas Petit of ... Antitrust Enforcers’ Stealth Undermining of Patent Rights – Shedding Light on a Recent and Troubling Phenomenon

SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT

On June 23 the Supreme Court regrettably declined the chance to stem the abuses of private fraud-based class action securities litigation.  In Halliburton v. EPJ Fund (June 23, 2014), a six-Justice Supreme Court majority (Chief Justice Roberts writing for the Court, joined by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) reversed the Fifth Circuit and held ... SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT

Alden Abbott Has Joined the Twitter Universe

Feel free to follow me, Alden Abbott, @AldenAbbott1

For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions

Government impediments to the efficient provision of health care services in the United States are legion.  While much recent attention has focused on the federal Patient Protection and Affordable Care Act, which by design reduces consumer choice and competition, harmful state law restrictions have long been spotlighted by the U.S. Federal Trade Commission (FTC) and ... For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions

Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny.  On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit.  Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The American Bar Association’s (ABA) “Antitrust in Asia:  China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML).  The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy.  These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The Ninth Circuit Rescues the Government Raisin Cartel

On May 9, 2014, in Horne v. Department of Agriculture, the Ninth Circuit struck a blow against economic liberty by denying two California raisin growers’ efforts to recover penalties imposed against them by the U.S. Department of Agriculture (USDA).  The growers’ heinous offense was their refusal to continue participating in a highly anticompetitive cartel.  In ... The Ninth Circuit Rescues the Government Raisin Cartel

Predatory pricing reform rides the Marrakech Express

As I noted in my prior post, two weeks ago the 13th Annual Conference of the International Competition Network (ICN) released two new sets of recommended best practices.  Having focused on competition assessment in my prior blog entry, I now turn to the ICN’s predatory pricing recommendations. Aggressive price cutting is the essence of competitive ... Predatory pricing reform rides the Marrakech Express

Lessons from Marrakech for US regulatory reform: All aboard the train

I thank Truth on the Market (and especially Geoff Manne) for adding me as a regular TOTM blogger, writing on antitrust, IP, and regulatory policy. I am a newly minted Senior Legal Fellow at the Heritage Foundation, and alumnus of BlackBerry and the Federal Trade Commission. Representatives of over 100 competition agencies from around the ... Lessons from Marrakech for US regulatory reform: All aboard the train

Section 2 Symposium: Alden Abbott on the International Perspective

As I indicated in my prior blog entry, U.S. competition policy vis-à-vis single firm conduct (“SFC”) is best viewed not in isolation, but, rather, in the context of other jurisdictions’ SFC enforcement philosophies, and efforts to promote greater SFC policy convergence worldwide.  Given the proliferation of competition law regimes, firms that do business in multiple ... Section 2 Symposium: Alden Abbott on the International Perspective

Section 2 Symposium: Alden Abbott on the View from Within the FTC

Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (“SFC”) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By “SFC” I refer to actions taken by a “dominant” firm or by an actual ... Section 2 Symposium: Alden Abbott on the View from Within the FTC