Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal
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, much has changed ... Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal
Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the Third Circuit based on that court’s Toledo Mack ruling. Moreover, the negative consequences of the court’s ruling will be particularly acute ... Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple
Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering best seller e-books at $9.99 (or other similar low prices). The problem, however, was that they had no mechanism for accomplishing that result. Then ... Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple
Abbott on the Apple e-books case: Apple v. United States and antitrust error cost analysis
As Judge (and Professor) Frank Easterbrook famously explained over three decades ago (in his seminal article The Limits of Antitrust), antitrust is an inherently limited body of law. In crafting and enforcing liability rules to combat market power and encourage competition, courts and regulators may err in two directions: they may wrongly forbid output-enhancing behavior ... Abbott on the Apple e-books case: Apple v. United States and antitrust error cost analysis
Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In decision after decision, from White Motors through Leegin and Actavis, the Supreme Court has repeatedly held—in cases involving both horizontal and vertical restraints—that the only ... Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
As the organizer of this retrospective on Josh Wright’s tenure as FTC Commissioner, I have the (self-conferred) honor of closing out the symposium. When Josh was confirmed I wrote that: The FTC will benefit enormously from Josh’s expertise and his error cost approach to antitrust and consumer protection law will be a tremendous asset to ... The essence of Josh Wright’s FTC tenure was to ensure that benefits outweigh costs; the rest is commentary
Imagine
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 decisions that are, in reality, based on idiosyncratic biases or beliefs. Imagine a world where “harm” is measured using a scientific yardstick that ... Imagine
Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
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 it wrong against the likelihood ... Josh Wright’s Unfinished Legacy: Reforming FTC Consumer Protection Enforcement
Tim Muris on Joshua Wright
As the premier Antitrust scholar of his generation, Josh Wright’s appointment to the Federal Trade Commission promised to be noteworthy. He did not disappoint, having one of the most important and memorable tenures of any non-Chair over the 40 years that I have followed the agency closely. In numerous speeches, dissents, and a variety of other statements ... Tim Muris on Joshua Wright
Josh Wright and the Limits of Antitrust
Alden Abbott and I recently co-authored an article, forthcoming in the Journal of Competition Law and Economics, in which we examined the degree to which the Supreme Court and the federal enforcement agencies have recognized the inherent limits of antitrust law. We concluded that the Roberts Court has admirably acknowledged those limits and has for ... Josh Wright and the Limits of Antitrust
An Economist’s Touch: Josh Wright’s FTC Legacy
The FTC was the brain child of Progressive Era technocrats who believed that markets could be made to run more effectively if distinguished experts in industry and economics were just put in charge. Alas, as former FTC Chair Bill Kovacic has chronicled, over the Commission’s first century precious few of the Commissioners have been distinguished ... An Economist’s Touch: Josh Wright’s FTC Legacy
