The Archives

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

Lollapalooza and Antitrust

Apparently, the Illinois Attorney General is investigating Lollapalooza for potential antitrust violations arising out of exclusivity clauses that the concert promoter includes in the contracts signed with artists who play the show. The controversial radius clauses prohibit Lollapalooza acts ranging from the top headliners to the smallest “baby bands” at the bottom of the bill ... Lollapalooza and Antitrust

Antitrust at George Mason

Danny Sokol has posted the most downloaded antitrust law professors.  I come in 4th behind Damien Geradin, David Evans, and Herb Hovenkamp.   It is flattering to be in company like that by any measure.  Cool.  But, as Danny points out, what is even cooler is that George Mason is one of only a handful of ... Antitrust at George Mason

Where’s the Evidence? Do Employers React to Grade Inflation?

All the rage around the law blogs this week is the question of whether law schools should be engaging in grade inflation.  The issue arises from time to time.  The NYT kicked off the discussion most recently with its story on the (gasp) retroactively applied bump given to Loyola LA law students.  You can’t miss ... Where’s the Evidence? Do Employers React to Grade Inflation?

Some Links

Intel and FTC settlement talks heat up (WSJ) Connecticut AG Richard Blumenthal leads state AG crusade against Google’s Street View data collection (WSJ) Some good coverage of the FTC Workshop on the future of journalism, i.e. whether and how to save newspapers (here, here and here) Greg Mankiw on crisis economics New antitrust complaint against ... Some Links

Solving Shelf Space Incentive Conflicts With Vertical Integration and By Contract in the Soda Market

There is a nice example in the WSJ concerning the economics of vertical contractual arrangements.  I’ve noted previously the apparent trend in the soda industry toward vertical integration and the link to the economics of promotional shelf space.  In particular, incentive conflicts between manufacturers and retailers of differentiated products over the use of promotional shelf ... Solving Shelf Space Incentive Conflicts With Vertical Integration and By Contract in the Soda Market

USDA Pushes Regulatory Elimination of Consumer Harm Requirement

Danny Sokol points to the Obama administration’s most recent effort to “reinvigorate” competition policy: some new proposed rules adding new sections to the existing regulations under the Packers & Stockyards Act. Emerging from the joint DOJ/ USDA agriculture workshops (see comments from Manne & Wright here; TOTM archives on agricultural antitrust here), the USDA must ... USDA Pushes Regulatory Elimination of Consumer Harm Requirement

Will the FTC Sue Apple?

I don’t know.  But apparently, industry analysts preliminarily think not.   I tend to disagree.  At least, I think its far too early to be confident in either direction. Press reports, such as this one,  are primarily relying on the report of an analyst who correctly points out that Apple’s market share would be an ... Will the FTC Sue Apple?

TOTM Email Subscriptions

In addition to the switch to our new platform and new design here at TOTM, you may also notice on toward the top of the right hand sidebar on the blog we’ve added an “Email Subscription” feature.  Please subscribe if you’d like to receive TOTM posts via email.

Why Congress Should Reject the FTC’s Request for a Trinko Exemption

One of the most significant issues in current US antitrust policy has been the Federal Trade Commission’s attempt to avoid some of the rigorous requirements imposed by Section 2 of the Sherman Act in monopolization cases by expanding FTC authority under Section 5 of the Federal Trade Commission Act (FTCA). This issue is nothing new. ... Why Congress Should Reject the FTC’s Request for a Trinko Exemption

Some Links

TOTM guest blogger Steve Salop makes the case for Vertical Merger Guidelines National Supermarkets Association files class action interchange-based antitrust suit against American Express (apparently alleging the relevant market is “American Express payment card services”!) Dell puts aside $100 million reserve fund in case it has to settle the SEC allegations we blogged about here ... Some Links

An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

As readers of TOTM know, I’ve been critical of both the Federal Trade Commission’s Complaint against Intel from a consumer welfare perspective as well as the wobbly intellectual underpinnings of the Commission’s attempt to expand its FTC Act Section 5 authority to evade (see also here) the more stringent monopolization standards under Section 2 of ... An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

Intel, Dell, and Some Costs of Disclosing Rebates

Intel’s rebates are apparently given rise to a potentially whole new class of suits based on the notion recipients of the rebates at the center of the Commission’s antitrust action should have been disclosed.   The WSJ reports: Dell said last week that it and Mr. Dell were in talks with the Securities and Exchange ... Intel, Dell, and Some Costs of Disclosing Rebates