The Archives

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

Some Links

Alex Tabarrok reviews economic growth textbooks and recommends this one Ribstein on the proxy access battles Private antitrust litigation is increasing quickly (picture here) — I’m setting the over/under for 2010 at 1600 cases Steve Salop on the appropriate Section 2 rule of reason standard for refusal to deal and price squeezes by unregulated, vertically ... Some Links

Armen Alchian, Harold Demsetz and Ben Klein Should Win the 2009 Nobel Prize in Economics

With the start of the school year comes another fall tradition here at TOTM: Nobel speculation.  More specifically, every fall I yell from the rooftops that some combination of Armen Alchian, Harold Demsetz and Ben Klein should win the award.  In 2006, I argued that the UCLA trio outperformed the more conventionally wise trio of ... Armen Alchian, Harold Demsetz and Ben Klein Should Win the 2009 Nobel Prize in Economics

Kobayashi and Wright on Antitrust Issues in Intellectual Property & Standard Setting

Bruce Kobayashi and I have posted our forthcoming chapter, Intellectual Property and Standard Setting,  in the forthcoming ABA Antitrust Section Handbook on the Antitrust Aspects of Standard Setting.  It offers an analytical overview of the antitrust issues involving intellectual property and standard setting including, but not limited to, patent holdup, royalty stacking, refusals to license, ... Kobayashi and Wright on Antitrust Issues in Intellectual Property & Standard Setting

An Addendum on Jones v. Harris in Response to Professor Birdthistle: Ex Ante Competition, Cognitive Biases and Behavioral Economics

Professor Birdthistle has a very thoughtful reply to my earlier post over at the Conglomerate on Jones v. Harris and behavioral economics.  I thank Professor Birdthistle for his reply.  I’ve learned a great deal about Jones v. Harris from reading his posts at the Conglomerate and have no doubt that I’ll learn more from this ... An Addendum on Jones v. Harris in Response to Professor Birdthistle: Ex Ante Competition, Cognitive Biases and Behavioral Economics

Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics

Much has been made about the importance of Jones v. Harris as a battle in the ongoing war between behavioral economics  and rational choice/neoclassical framework (see, e.g. the NYT).   If the case if to be about the appropriate economic methodology or model for assessing legal questions, it is definitely an interesting turn to have Judge ... Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics

Results Not Typical

Apparently, under the proposed changes to the FTC advertising guidelines, a “results not typical” disclaimer for consumer endorsements representing a non-typical experience will no longer be sufficient on the grounds that those types of disclaimers have not been sufficient in deterring deception.   The big change in the rules is as follows: “If the advertiser does ... Results Not Typical

BU Antitrust Conference Honoring Professor Joseph Brodley's Retirement

Professor Joe Brodley, after a long and distinguished career as an antitrust scholar, retired at the end of the Spring 2009 semester. Boston University Law School will host a symposium honoring Joe’s contributions to Antitrust on September 18, 2009. The Boston University Law Review will publish the contributions. The symposium will consist of three panels. ... BU Antitrust Conference Honoring Professor Joseph Brodley's Retirement

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There was a lot of backdating … yawn… oh, and Brett Favre is coming back The WSJ editorial page thinks the liberal boycotts of Whole Foods in response to CEO John Mackey’s op-ed on health care reform won’t have any real effects because because “real protest would require the store’s hyperprogressive customers to withdraw forever ... Some Links …

The New Issue of Antitrust Source

Is available here. In this issue Chris Sagers considers the future of Section 1 in light of the Supreme Court’s possible action in American Needle. Continuing our focus on China, this issue features an article by Nate Bush that examines merger enforcement activity under that country’s year-old Antimonopoly Law. Still on mergers, but on the ... The New Issue of Antitrust Source

Questioning the UK Competition Commission Ombudsman Plan

In April 2008, the UK Competition Commission issued its Final Report culminating from its grocery sector inquiry.  Along with supermarket concentration, the concern that emerges out of that Report is that supermarkets will use their power to negotiate sharp deals with suppliers.  For example: In emails from store buyers seized during its investigation, the Commission ... Questioning the UK Competition Commission Ombudsman Plan

EU Intel Fines Attract Rebuke

I’ve criticized the European Commission’s antitrust attack against Intel here and the resulting $1.44 billion fine.  Now the EU is drawing fire for allegedly burying testimony, or at least failing to record it in a satisfactory manner, from Dell that it chose Intel’s chips not because of the coercive force of any of Intel’s rebates ... EU Intel Fines Attract Rebuke

Antitrust Anachronism? Randy Picker on the Microsoft-Yahoo Search Deal

I recently commented on Gordon Crovitz’s WSJ column on the Microsoft-Yahoo deal arguing that antitrust was simply too cumbersome to deal competition issues in dynamic markets like search.  A short version of my take was that these concerns are often overstated in the areas of cartels and even sometimes in merger enforcement — but have ... Antitrust Anachronism? Randy Picker on the Microsoft-Yahoo Search Deal