FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance (RPM) (i.e., the setting of minimum prices that retailers could charge for its shoes). Apparently, Nine West was providing retailers with lists of “off limits” or “non-promote” shoes that weren’t ... FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
The Future of Law and Economics: Does Behavioralism Offer Hope for the Non-Technical?
Josh’s series-in-progress on the future of law and economics (Part I, Part II, Part III…and more to come) is simply fantastic. It’s also a bit depressing for those of us who are economically inclined but lack the skill set required to do sophisticated modeling and/or rigorous empirical work. Josh’s latest post (Part III) suggests there ... The Future of Law and Economics: Does Behavioralism Offer Hope for the Non-Technical?
Score One for Obama
I’ve been waiting for my old con law prof to take a political stand I could really get behind, and he finally has. Barack Obama is the only one of the presidential candidates to take a firm stand against this shamefully populist gas tax holiday. Good for you, Prof! Now, I’m not normally a big ... Score One for Obama
Some Thoughts on the Nacchio Decision and Insider Trading
On the flight back from my spring break ski trip, I had a chance to read the recent Tenth Circuit opinion reversing the insider trading conviction of former Qwest CEO, Joseph Nacchio. Mr. Nacchio had been convicted of 19 counts of insider trading, sentenced to six years in prison (plus two years’ supervised release), fined ... Some Thoughts on the Nacchio Decision and Insider Trading
All We Are Saying Is Give PeaceHealth a Chance.
Josh had a characteristically thoughtful post last week on safe harbors for loyalty and bundled discounts. I didn’t comment on the post, with which I generally agree, because I was busy writing an amicus brief (also signed by Dan Crane, Richard Epstein, Tom Morgan, and Danny Sokol) in an attempt to preserve a different safe ... All We Are Saying Is Give PeaceHealth a Chance.
Evaluating "Long Term Advisors" and "Short Term Interventions"
My colleague Danny Sokol has posted An Empirical Evaluation of Long Term Advisors and Short Term Interventions in Technical Assistance and Capacity Building to SSRN. The abstract for the paper, which is co-authored by Kyle Stiegert, follows: Technical assistance to improve the capacity of regulatory agencies around the world remains a key priority for international ... Evaluating "Long Term Advisors" and "Short Term Interventions"
The Whole Foods Appeal — Wrong, but Maybe Good.
The FTC has filed its primary appellate brief in the Whole Foods case. In essence, the brief asserts two claims: that the district court evaluated the Commission’s request for a preliminary injunction under an overly stringent legal standard, and that the court improperly discounted the Commission’s evidence that a Whole Foods/Wild Oats merger would reduce ... The Whole Foods Appeal — Wrong, but Maybe Good.
Is Britney the QWERTY Keyboard of Pop Culture?
I thought I would be safe in church. I thought I could avoid her there. But no, the minister had to mention Britney Spears during the sermon Sunday morning. I think the reference had something to do with keeping perspective and the ridiculousness of a motorcade escort to UCLA medical center. I’m not really sure. ... Is Britney the QWERTY Keyboard of Pop Culture?
Free to Choose (and Market) Clone-Free
The FDA has determined that milk and meat from some cloned animals (cattle, swine, and goats) is safe to eat. It has therefore lifted a moratorium on such products. But don’t expect to see milk and meat from cloned animals in your local grocery store. Cloning is incredibly expensive, so cloned animals would almost certainly ... Free to Choose (and Market) Clone-Free
Cuomo Goes After Intel (to Get AMD Plant for NY?)
New York Attorney General Andrew Cuomo has issued a subpoena to Intel Corp. as part of an investigation into whether Intel’s discounting practices violate federal or state antitrust laws. According to Cuomo’s press release, the subpoena seeks documents and information concerning Intel’s pricing practices and possible attempt to exclude competitors through its market domination. The ... Cuomo Goes After Intel (to Get AMD Plant for NY?)
Teaching RPM After Leegin
Back in the olden days (i.e., before this past summer), a manufacturer automatically violated the antitrust laws — no ifs, ands, or buts — if he agreed with a retailer that the latter would charge at least a minimum price for the manufacturer’s products. For reasons we elaborated ad nauseum (click and scroll down), that ... Teaching RPM After Leegin
More from the Lifestyle Gestapo
First is was smoking in private places (even when the smoking has obviously expressive value). Then it was trans fats. Now it’s swearing, drinking contests, and “profane music.” If you don’t like what an establishment is selling, don’t go there.
