Showing results for: “Leegin”
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?
Abuse of Plaintiff Win Rates as Evidence that Antitrust Law Is Too Lenient
I was recently reading Dean Chemerinsky (Irvine Law) on the Roberts Court at Age 3. One of Chemerinsky’s standard takes when he talks about the Roberts Court is that the Court’s pro-business stance is one of its defining characteristics. Readers of the blog will know that I’ve been critical of Chemerinsky for his superficial antitrust ... Abuse of Plaintiff Win Rates as Evidence that Antitrust Law Is Too Lenient
Baker on the Dueling Bush Administration Antitrust Agencies
Jonathan Baker (American) has a column at The New Republic focusing on a different aspect of the FTC vs. DOJ scuffles over antitrust policy. Baker claims that the DOJ is engaging in what he describes as “deregulatory radicalism that allows monopolies to spin out of control,” while he is largely supportive of FTC policies. Baker ... Baker on the Dueling Bush Administration Antitrust Agencies
Inter-Agency Scuffling Over Section 2: What Role for Economists and Economics at the FTC and DOJ?
Much has already been written about the strained relationship between the FTC and DOJ in antitrust matters. There is no more entertaining description of these strains than Chairman Kovacic’s description of the sister agencies as “an archipelago of policy makers with very inadequate ferry service between the islands” and “too many instances when you go ... Inter-Agency Scuffling Over Section 2: What Role for Economists and Economics at the FTC and DOJ?
Dr. Miles is Dead. Now What?
As regular readers of this blog will know, I was pretty stoked when the Supreme Court finally overruled its infamous Dr. Miles decision. The Leegin Court’s holding that minimum resale price maintenance (RPM) is not per se illegal constituted a major step toward an economically rational and theoretically coherent approach to vertical restraints. (And on ... Dr. Miles is Dead. Now What?
Life After Dr. Miles
An article in today’s WSJ, Price-Fixing Makes Comeback After Supreme Court Ruling, reports that minimum resale price maintenance (i.e., the setting of minimum retail prices by product manufacturers) is increasing in light of last summer’s Leegin decision. That’s great news for me, because I’ve spent most of the summer cranking out an article on how ... Life After Dr. Miles
What is the Worst Antitrust Decision That is Good Law?
There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?
Harvard v. Chicago on Vertical Restraints
In a new article in the June 2008 issue of Antitrust Source, Howard Marvel discusses what the rule of reason could and should look like in the Post-Leegin world as well as the different proposals to a rule of reason approach articulated by the states and the FTC in the recent Nine West consent order ... Harvard v. Chicago on Vertical Restraints
FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance (RPM) (i.e., the setting of minimum prices that retailers could charge for its shoes). Apparently, Nine West was providing retailers with lists of “off limits” or “non-promote” shoes that weren’t ... FTC to Dr. Miles: "I Wish I Knew How to Quit You!"
"Leegin is a triumph of pragmatism"
That is what Judge Posner has to say about Leegin in his new book, How Judges Think. I’m only a few chapters in, but so far, its a fascinating read. I’ll probably blog some more about parts of the book later. In particular, I’ve been thinking recently about how the complexity of substantive antitrust analysis ... "Leegin is a triumph of pragmatism"
Are the Roberts Court Antitrust Decisions Really Pro-Business?
I’m a bit late to the party on Jeffrey Rosen’s provocative article in the NY Times Magazine claiming that the Supreme Court is biased in favor of businesses. For readers not familiar with Rosen’s claim, the basic assertion is that: With their pro-business jurisprudence, the justices may be capturing an emerging spirit of agreement among ... Are the Roberts Court Antitrust Decisions Really Pro-Business?
Barnett on the the Supreme Court, Convergence, and Enforcement Levels
Tom Barnett (DOJ Antitrust AG) gave a speech February 29th to the Federalist Society where he touched upon a number of interesting issues we’ve discussed from time to time here at TOTM. Some highlights: Barnett on recent Supreme Court activity. “I submit that the principal reason for the abundance of supermajority decisions is an analytical ... Barnett on the the Supreme Court, Convergence, and Enforcement Levels
