The Archives

Everything written by Thomas A. Lambert on law, economics, and more

Coase and the 800 Pound Man

Ronald Coase has been on my mind quite a bit lately.  His ideas have made a couple of recent appearances in my business organizations class.  As I’ve explained before, we spend the first day of Bus Orgs contrasting F.A. Hayek’s The Use of Knowledge in Society, which argues that central planning is destined to fail because planners cannot gather ... Coase and the 800 Pound Man

The Audacity of Nope

Please note that the following post is a bit off-topic for this blog and represents my own opinion only, not that of any of my co-bloggers. But, hey, it’s Saturday. For the past 599 days, we’ve had a talented young Democratic President and Democratic majorities in both the U.S. House of Representatives and the U.S. ... The Audacity of Nope

The Roberts Court and the Limits of Antitrust

I’ve just finished a draft of a paper for an upcoming conference on the Roberts Court’s business law decisions. Volokh blogger Jonathan Adler, who directs the Center for Business Law and Regulation at Case Western, is organizing the conference. The other presenters are Adam Pritchard from Michigan (covering the Court’s securities decisions), Brian Fitzpatrick from ... The Roberts Court and the Limits of Antitrust

Does the Supreme Court Deem Price Discrimination to be an “Anticompetitive” Effect of Tying?

One of my summer writing projects is a response to Einer Elhauge’s recent, highly acclaimed article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory.  In the article, which appeared in the December 2009 Harvard Law Review, Elhauge defends current tying doctrine, which declares tie-ins to be per se illegal when the ... Does the Supreme Court Deem Price Discrimination to be an “Anticompetitive” Effect of Tying?

Externalities and Future Selves

Paternalism is a turn-off. We humans seem to have an innate desire for autonomy, a desire that generally leads us to resist efforts by elites to force us to make “wise” decisions. It’s rhetorically useful, then, for opponents of a proposed regulation to demonstrate that the rule at issue aims merely to save folks from ... Externalities and Future Selves

"Prosocial," Output-Reducing Collusion

One of my antitrust students recently pointed me to a television commercial that could inspire a great exam question. Unfortunately, I didn’t see the ad until I’d finished drafting this semester’s antitrust exam (which I’ve been grading…hence the absence from TOTM). The T.V. commercial trumpets an agreement among the members of the American Beverage Association ... "Prosocial," Output-Reducing Collusion

Controlling ATM Fees: Competition Versus Political Fiat

Taking a page from Rahm Emanuel’s never let a serious crisis go to waste playbook, our esteemed senators are loading the pending financial reform legislation, ostensibly aimed at preventing future financial meltdowns, with all sorts of wish-list items that have nothing to do with financial crises. Iowa Senator Tom Harkin, for example, has introduced an ... Controlling ATM Fees: Competition Versus Political Fiat

What’s the Best Way to Pop a Bubble?

[NOTE: I was drafting this post when Henry Manne posted his open letter to Fama and French. I’m hesitant to post over Henry’s important letter, particularly since TOTM was down yesterday and lots of folks may not have seen the letter. I’m doing so only because this post is a good follow-up to Henry’s points ... What’s the Best Way to Pop a Bubble?

Some Good Reading in the Weekend Papers

1. The New York Times’ Gretchen Morgenson gets it right (seriously!) on this shameful GM ad. The ad is misleading and, given that many folks are refusing to buy a car from a company on government life-support, materially so. My bet is that if GM weren’t a government-controlled company, and if the Treasury hadn’t aided ... Some Good Reading in the Weekend Papers

Some Warnings for Modern Pigovians (from Pigou Himself)

We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)

Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?

The Wall Street Journal is reporting that major institutional investors — CalPERS, CalSTRS, the Teacher Retirement System of Texas, etc. — have collectively adopted a set of recommended practices that is “rankling” private equity firms. Had I not discussed the article in my Antitrust class, I’d use it as the basis for an exam question. ... Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?

Maybe We’ll Get Us a Calorie Czar!

Yesterday, Todd predicted that Obamacare will result in greater government involvement in heretofore private decisions that impact health. Since the government is now going to pay (via insurance subsidies) for many more Americans’ health care, it has a much stronger interest in how they live. So do we taxpayers who must pay for the government’s ... Maybe We’ll Get Us a Calorie Czar!