Showing results for: “Leegin”
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
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”
ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust case. ICLE’s brief was signed by sixteen distinguished scholars of law, economics and public policy, including an Economics Nobel Laureate, a former FTC Commissioner, ten ... ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
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
FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
Today, for the first time in its 100-year history, the FTC issued enforcement guidelines for cases brought by the agency under the Unfair Methods of Competition (“UMC”) provisions of Section 5 of the FTC Act. The Statement of Enforcement Principles represents a significant victory for Commissioner Joshua Wright, who has been a tireless advocate for ... FTC Commissioner Joshua Wright gets his competiton enforcement guidelines
The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
In its June 30 decision in United States v. Apple Inc., a three-judge Second Circuit panel departed from sound antitrust reasoning in holding that Apple’s e-book distribution agreement with various publishers was illegal per se. Judge Dennis Jacobs’ thoughtful dissent, which substantially informs the following discussion of this case, is worth a close read. In ... The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
Stare Decisis, Economic Efficiency, and Spider-Man
Today, in Kimble v. Marvel Entertainment, a case involving the technology underlying the Spider-Man Web-Blaster, the Supreme Court invoked stare decisis to uphold an old precedent based on bad economics. In so doing, the Court spun a tangled web of formalism that trapped economic common sense within it, forgetting that, as Spider-Man was warned in ... Stare Decisis, Economic Efficiency, and Spider-Man
Commissioner Wright Nails It on Minimum RPM
FTC Commissioner Josh Wright is on a roll. A couple of days before his excellent Ardagh/Saint Gobain dissent addressing merger efficiencies, Wright delivered a terrific speech on minimum resale price maintenance (RPM). The speech, delivered in London to the British Institute of International and Comparative Law, signaled that Wright will seek to correct the FTC’s ... Commissioner Wright Nails It on Minimum RPM
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Why I think the Apple e-books antitrust decision will (or at least should) be overturned
On July 10 a federal judge ruled that Apple violated antitrust law by conspiring to raise prices of e-books when it negotiated deals with five major publishers. I’ve written on the case and the issues involved in it several times, including here, here, here and here. The most recent of these was titled, “Why I ... Why I think the Apple e-books antitrust decision will (or at least should) be overturned
Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
FTC Commissioner Wright issued today his Policy Statement on enforcement of Section 5 of the FTC Act against Unfair Methods of Competition (UMC)—the one he promised in April. Wright introduced the Statement in an important policy speech this morning before the Executive Committee Meeting of the New York State Bar Association’s Antitrust Section. Both the Statement ... Bringing the Error Cost Framework to the Agency: Commissioner Wright’s Proposed Policy Statement on Section 5 Unfair Methods of Competition Enforcement
Why I think the government will have a tough time winning the Apple e-books antitrust case
Trial begins today in the Southern District of New York in United States v. Apple (the Apple e-books case), which I discussed previously here. Along with co-author Will Rinehart, I also contributed an essay to a discussion of the case in Concurrences (alongside contributions from Jon Jacobson and Mark Powell, among others). Much of my ... Why I think the government will have a tough time winning the Apple e-books antitrust case
