Showing results for: “Leegin”
Response to Comments on Antitrust Exemptions and Joint Monopsony Conduct to Countervail Monopoly Power
In response to my first post on joint monopsony conduct to countervail monopoly power, Mike Ward raises the issue of justifying a merger among sellers on the basis that it will countervail alleged monopsony power. Labor unions have an antitrust exemption for just that purpose. In terms of merger policy, Tom Campbell has written an ... Response to Comments on Antitrust Exemptions and Joint Monopsony Conduct to Countervail Monopoly Power
Dear Mr. Toobin
Jeff Toobin has an interesting profile on John Roberts in the New Yorker (HT: Jonathan Adler who also takes issue with Toobin’s description of Leegin, but goes on to challenge Toobin’s general account of Roberts as a “stealth nominee”). Toobin’s column has very little to do with antitrust. with the exception of one sentence describing ... Dear Mr. Toobin
Lambert's Latest on RPM in the William and Mary Law Review
The law and economics of RPM have been a frequent topic of discussion here for Thom and I especially, ranging from the empirical evidence on RPM, to competitive resale price maintenance without free riding, to the inappropriate use of the term “price-fixing” by journalists some who should know better to describe RPM, to the Commission’s ... Lambert's Latest on RPM in the William and Mary Law Review
RPM Workshop Testimony
I’ll be testifying tomorrow at the Federal Trade Commission hearings on Resale Price Maintenance. My panel will focus on rule of reason analysis of RPM Post-Leegin. There is a bit of awkwardness testifying about different modes of rule of reason analysis with legislation that would restore the Dr. Miles per se rule pending, but it ... RPM Workshop Testimony
Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?
One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court’s recent rulings in Leegin (eliminating per se rule for minimum RPM) and Independent Ink (eliminating the per se ... Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?
Maryland Adopts New Per Se Rule for Minimum RPM
A new law in Maryland will take effect on October 1 and will re-instate the Dr. Miles rule for minimum RPM. The Wall Street Journal reports that it is a “move that could lead to lower prices for consumers across the country.” I doubt it. There are quite a few reasons to believe that shifts ... Maryland Adopts New Per Se Rule for Minimum RPM
Crane on Carrier’s Innovation in the 21st Century
Congratulations to Mike on a very fine book, which I must admit I am still in the process of digesting. I will confine my initial comments to Mike’s chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review. Patent settlements involving “reverse payments” ... Crane on Carrier’s Innovation in the 21st Century
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
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?
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)
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 …
