The Archives

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

"Each use of salt in violation of this section shall constitute a separate violation"

I wonder if that is on a per pinch basis?  I refused to believe this is real language, from a real bill.  But Professor Bainbridge says it is — and doesn’t pull any punches in describing its drafter (or at least leading proponent) Assemblyman Ortiz in NY as an “officious pig and an ass.”   But ... "Each use of salt in violation of this section shall constitute a separate violation"

Has the Obama Administration Retreated From Behavioral Economics?

The WSJ implies that the answer is yes in an interesting article describing the Obama administration’s changing views on behavioral economics and regulation.  The theme of the article is that the Obama administration has eschewed the “soft paternalism” based “nudge” approach endorsed by the behavioral economics crowd and that received so much attention in the ... Has the Obama Administration Retreated From Behavioral Economics?

The Girl Scouts and Section 5

It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem).   Rumor has it that demand for Thin Mints varies by region.  While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with  ... The Girl Scouts and Section 5

The Commission Wins an Exclusive Dealing Case

Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description: Transitions Optical, Inc., the nation’s leading manufacturer of photochromic treatments that darken corrective lenses used in eyeglasses, has agreed to stop using allegedly anticompetitive practices to maintain its monopoly and increase prices, under a settlement with ... The Commission Wins an Exclusive Dealing Case

The first thing we do, let's kill the quants!

Professor Bainbridge has a provocative post up taking on empirical legal scholarship generally.  The While the Professor throws a little bit of a nod toward quantitative work, suggesting it might at least provide some “relevant gist for the analytical mill,” he concludes that “it’s always going to be suspect — and incomplete — in my ... The first thing we do, let's kill the quants!

NYT on Hazlett's TV Broadband Auction Proposal

Richard Thaler’s NYT Economic View column features Tom Hazlett (my colleague, and former chief economist as the FCC) proposal for auctioning off TV spectrum.   Thaler points out: These frequencies are very attractive on technological grounds. People in the industry refer to them as “beachfront property” because these low-frequency radio waves have desirable properties: they travel ... NYT on Hazlett's TV Broadband Auction Proposal

Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times: According to Google, one of the three complaints was from rival Microsoft. That protest, from an online service called Ciao that was recently bought by the software company, echoes a complaint that had already been lodged ... Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

Why Don't Federal Judges "Hire" Economists More Often?

Dick Langlois’ post on Carl Kaysen’s role in the United Machinery antitrust case reminded me of a question I’ve been meaning to blog about.  Langlois writes: Obituaries praise Kaysen for his role as a policy intellectual of great scope, especially in the area of nuclear non-proliferation. But they either fail to mention, or mention with ... Why Don't Federal Judges "Hire" Economists More Often?

An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai

Readers may recall we highlighted the Vizio v. Funai complaint about a year ago, in large part because it involved antitrust and standard setting issues.  The case involves allegations that Funai breached a FRAND commitment, and thus, is an important decision in the debate over the appropriate scope of Section 2 in cases involving alleged ... An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai

A Defense of the Insurance Industry Antitrust Exemption?

The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here).  In the latter of those two links I was somewhat critical of the DOJ for taking a neutral stance on the insurance industry exemption, which has now become rather wrapped up in the health care reform debate. ... A Defense of the Insurance Industry Antitrust Exemption?

Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical.   Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article.  OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"

More on the Russian Retail Trade Law

I’ve published (in Russian) an op-ed in Vedomosti, a Russian newspaper that is a joint project of the Financial Times and the Wall Street Journal.   It is based, at least in part, on this blog post.  The op-ed focuses on the US experience over the last decade in evaluating shelf space contracts and the likely ... More on the Russian Retail Trade Law