The Archives

Everything written by totmauthor on law, economics, and more

Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books

By Morgan Reed In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may be fictional, but the Apple eBooks case suggests that the ability to insert extra-factual memories into the courts already exists. The Department of ... Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books

Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing

By Thomas Hazlett The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over a century. The active debate here at TOTM reveals why. The District Court and Second Circuit have employed a per se rule to ... Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing

Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal

By Andrew Albanese In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his 2009 concerns that low e-book prices would devalue the book—the driving factor behind the alleged e-book price-fixing conspiracy—were in the the past. After all, ... Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal

Imagine

by Michael Baye, Bert Elwert Professor of Business at the Kelley School of Business, Indiana University, and former Director of the Bureau of Economics, FTC Imagine a world where competition and consumer protection authorities base their final decisions on scientific evidence of potential harm. Imagine a world where well-intentioned policymakers do not use “possibility theorems” to rationalize ... Imagine

Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement

by Berin Szoka, President, TechFreedom Josh Wright will doubtless be remembered for transforming how FTC polices competition. Between finally defining Unfair Methods of Competition (UMC), and his twelve dissents and multiple speeches about competition matters, he re-grounded competition policy in the error-cost framework: weighing not only costs against benefits, but also the likelihood of getting ... Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement

Commissioner Joshua Wright: Colleague, Gentleman, Scholar, Public Servant

by Hon. F. Scott Kieff, Commissioner, International Trade Commission (on leave from academic post as Fred C. Stevenson Research Professor at George Washington University School of Law) I join all the others in congratulating Professor Wright on his accomplishments at the FTC. As both an academic and government official myself, I’ve long benefited from Dr. ... Commissioner Joshua Wright: Colleague, Gentleman, Scholar, Public Servant

Joshua Wright: Embodying the Spirit of Bipartisanship

by Robert H. Lande, Venable Professor of Law, University of Baltimore School of Law There’s an old saying, “It’s better to light a single bipartisan candle than to curse the darkness caused by your opponents.” This might not be the way most people articulate this proverb, but in Washington D. C. anyone who, like Commissioner Joshua Wright, ... Joshua Wright: Embodying the Spirit of Bipartisanship

Ajit Pai on Joshua Wright

by Ajit Pai, Commissioner, Federal Communications Commission I was saddened to learn that Commissioner Joshua Wright is resigning from the Federal Trade Commission. Commissioner Wright leaves the agency with a tremendous legacy. He brought to the FTC’s decision-making groundbreaking economic analysis, such as his opinion in Ardagh/St. Gobain that the government should evaluate possible merger ... Ajit Pai on Joshua Wright

Thomas Hazlett on Joshua Wright

by Thomas W. Hazlett, H.H. Macaulay Endowed Chair in Economics at Clemson University Josh Wright is a tour de force. He has broken the mold for a Washington regulator — and created a new one. As a scholar, he carefully crafts his analyses of public policy. As a strategic thinker, he tackles the issues that redound ... Thomas Hazlett on Joshua Wright

Paul Denis on Implementing a Policy Statement on UMC

Paul Denis is a partner at Dechert LLP and Deputy Chair of the Firm’s Global Litigation Practice.  His views do not necessarily reflect those of his firm or its clients. Deterrence ought to be an important objective of enforcement policy.  Some might argue it should be THE objective.  But it is difficult to know what ... Paul Denis on Implementing a Policy Statement on UMC

David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines

David Balto is a Public Interest Attorney at the Law Offices of David Balto I appreciate the opportunity to provide comments on the current Section 5 discussion and add a few modest thoughts about the very thoughtful speeches of Commissioners Wright and Ohlhausen. I must admit, that as a former FTC Policy dude my mouth salivates at ... David Balto on Some Quick Observations on the Drive for UMC Policy Guidelines

David Balto on Economic Evidence and Section 5

David Balto is a Public Interest Attorney at the Law Offices of David Balto One must applaud the efforts of Commissioners Ohlhausen and Wright to begin the dialogue about the proper use of Section 5 as a tool of antitrust enforcement. It was 99 years ago that Congress was debating the creation of the Federal Trade ... David Balto on Economic Evidence and Section 5