The Archives

Everything written by Joshua D. Wright on law, economics, and more

State Antitrust Law in Action

A predatory pricing case in California under Section 17043 results in a $21 million fine awarded to one newspaper, the Bay Guardian, in a suit against a competitor, San Francisco Weekly (HT: Reason).  The suit alleged that the SF Weekly was selling advertising below cost for the purpose of harming a competitor.  A summary of ... State Antitrust Law in Action

The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws

In an earlier post on the CARE Act, I highlighted the fact that the law would essentially immunize state laws regulating the distribution and sale of beer, wine and liquor wholesalers from challenge under the Commerce clause and the Sherman Act.  For more details on the CARE Act, see the earlier post, but the bottom ... The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws

What’s Missing from Tyler’s IO Reading List

Tyler Cowen has posted the reading list for his 2010 Industrial Organization class in the George Mason economics department.  He asks for recommendations.  Below the fold are my suggestions to supplement Section I or II of Cowen’s reading list. The first order of business is getting Coase, Klein, Crawford Alchian (1978), Alchian and Demsetz (1972) ... What’s Missing from Tyler’s IO Reading List

The FTC Gets in Intel’s Business

One of the first reactions I had when reading the settlement is that it is quite striking how much and at what level of detail the settlement micro-manages Intel’s business decisions.  Lets consider a just a handful of provisions and look at the language in the settlement.  Again, I think these provisions should be read ... The FTC Gets in Intel’s Business

Some Perspective on the Intel Settlement

Let me add on a few brief observations on the Intel settlement to Dan’s earlier comments, with which I largely agree.  There is a lot to say about the settlement: the predatory design aspects, Section 5, the (I found) quite odd self-congratulatory settlement press conference and webcast, and of course, what the settlement means for ... Some Perspective on the Intel Settlement

Intel Settlement Watch Part III

The settlement is here.  Somewhat oddly, the details of the settlement are to take place tomorrow at a press conference at 10 am.  Here’s the FTC announcement: Federal Trade Commission Chairman Jon Leibowitz will be joined by Bureau of Competition Director Richard Feinstein at FTC Headquarters on Wednesday, August 4, 2010, at 10:00 a.m. ET ... Intel Settlement Watch Part III

Who CAREs About Beer and Wine Consumers?

The Comprehensive Alcohol Regulatory Effectiveness Act — yes, the “CARE Act” — or HR 5034, is a piece of legislation aimed at supporting “State-based alcohol regulation.”  Recall the Supreme Court’s decision in Granholm v. Heald, which held that states could either allow in-state and out-of-state retailers to directly ship wine to consumers or could prohibit ... Who CAREs About Beer and Wine Consumers?

Apple and Amazon E-Book Most Favored Nation Clauses

Connecticut AG Richard Blumenthal has reportedly contacted Apple and Amazon concerning their pricing arrangements with publishers (WSJ, CNN): Mr. Blumenthal said he has sent letters to Amazon and Apple asking them to “meet with his office” to address his concerns that agreements in place may restrict rivals from offering cheaper e-books. For instance, he said, ... Apple and Amazon E-Book Most Favored Nation Clauses

Monopolization Enforcement at the Antitrust Division By the Numbers

Dan Crane’s post on the DOJ’s antitrust activity, and in particular, monopolization enforcement, during the Obama administration notes the dissonance between rhetoric and reality.  I thought I’d post the following data from the DOJ website concerning Section 2 investigations initiated and cases won over the last 40 years for some perspective. What do these data ... Monopolization Enforcement at the Antitrust Division By the Numbers

Behavioral Economics and Consumer Financial Protection for “Nitwits”

In a recent NY Times column largely devoted to improving soccer in various ways and how those methods might be used to improve financial regulation as well, behavioral economist and Nudge author Richard Thaler writes the following about the Consumer Financial Protection Bureau: “Above all, I’d urge the head of this agency to devise rules ... Behavioral Economics and Consumer Financial Protection for “Nitwits”

RIP, Earl Thompson

UCLA economist Earl Thompson passed away Thursday.  Earl was a beloved figure in the economics department.  I came to UCLA a bit late in the game to experience the years when his presence was largest, though I had the pleasure of speaking with him on a number of occasions and he attended a recent talk ... RIP, Earl Thompson

Intel Settlement Watch Part II

While Intel Corporation nears its settlement deadline with the Federal Trade Commission, it received good news from a federal district court in Delaware evaluating the evidence of alleged consumer harm from the discounts Intel offers to buyers.  It is also very important to note that this pass from a US court applying standards of consumer ... Intel Settlement Watch Part II