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Showing results for:  “RPM”

Varney on RPM

I just saw this very good piece in The Deal from Sean Gates and Tej Srimushnam (Morrison & Foerster) on what Christine Varney’s appointment to the Antitrust Division might mean for enforcement decisions. Gates and Srimushnam predict that some of the most important changes associated with the Varney DOJ are likely to be the “return” ... Varney on RPM

Hello Chairman Leibowitz; Goodbye Chairman Kovacic

Here’s the press release. Congratulations to Chairman-to-be Leibowitz. I also note that this marks the end of Chairman’s Kovacic’s reign at the Commission. On a personal note, I had the pleasure of working for the Chairman during my stint as the FTC Scholar in Residence and consider myself extremely fortunate to have had the opportunity. ... Hello Chairman Leibowitz; Goodbye Chairman Kovacic

FTC

Unquestionably Correct?

An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case against certiorari in Linkline: “The holding of the Ninth Circuit is unquestionably correct, and indeed merely echoes what other courts of appeals have held on the narrow issue presented to ... Unquestionably Correct?

Competitive Resale Price Maintenance in the Absence of Free-Riding

I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same title as this post, is lucidly written (blissfully free of equations, Greek letters, etc.) and makes a point that, at this juncture in antitrust’s history, is absolutely crucial. In the ... Competitive Resale Price Maintenance in the Absence of Free-Riding

What's the Empirical Evidence on RPM?

I’ve been reading the papers for the FTC RPM Workshops, though I cannot attend.  On the procompetitive side, I especially recommend Ben Klein’s explanation of how RPM facilitates the supply of promotional services in the absence of dealer free-riding.  Critics of RPM, in my view, generally do not understand the fundamental economic point that retailer ... What's the Empirical Evidence on RPM?

FTC RPM Workshops This Week

Tuesday and Thursday this week the FTC will be hosting the first two in a series of workshops on Resale Price Maintenance.  Presentation materials, slides, and papers are available on the website.

To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)

The headline of this Bloomberg story on the Swiss Competition Authority’s complaint against Bayer, Pfizer and Lilly announces that the firms operated an “Erection Drug Cartel.” I read a bit further to learn something about what I suspected, from the title of the story, would be a horizontal agreement between the firms — that is ... To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)

"One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"

More settling economic debates by declaration and without regard to the evidence.  When you make declarations like this it is best to do your homework.  Consider the following: The Post-Chicago theoretical advances are well known to be built upon the foundation laid by Chicago School founders like Aaron Director — it is simply misleading to ... "One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"

More on Error Costs

Speaking of error cost analysis, this paper from a trio of lawyers in the General Counsel’s Policy Studies’ group at the FTC has a section entitled “Error Costs: The False Positive/ Negative Debate.” A frustration for me in discussing the error cost issue with respect to antitrust policy is that many people do not seem ... More on Error Costs

Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"

Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration: 1. increased challenges of mergers and monopolization cases, especially at DOJ 2. more consumer protection work at the FTC with a push to more expansive consumer rights ... Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"

Speaking of Resale Price Maintenance …

It looks like the FTC is interested in doing more than just investigating RPM (see Thom’s excellent post), as the agency just announced a series of public workshops on the question of how best to distinguish pro-competitive uses of RPM from those that raise competitive concerns. From the announcement: The FTC is requesting public comment ... Speaking of Resale Price Maintenance …

FTC’s Latest RPM Investigation: Sound and Fury Signifying Nothing?

Once again displaying its tenacious devotion to old Dr. Miles, the FTC is investigating whether makers of musical instruments and audio equipment have engaged in illegal resale price maintenance (RPM). Yesterday’s WSJ reported that the Commission has issued subpoenas to a number of prominent musical instrument manufacturers, including Fender, Yamaha, and Gibson, as well as ... FTC’s Latest RPM Investigation: Sound and Fury Signifying Nothing?