Showing archive for: “Agriculture & Biotech”
Dodd-Frank’s regulatory vacuum
There’s been a lot of talk about the regulatory impact on job-creation. Add this: the regulatory vacuum resulting from an absence of rules under Dodd-Frank. A WSJ article notes that More than 100 new derivatives requirements in the law take effect on July 16, even though regulators have yet to issue final rules in the ... Dodd-Frank’s regulatory vacuum
Insider trading at the FDA
The SEC has civilly charged an FDA employee under 17(a) and 10(b) with violating his duty of trust and confidence to the FDA and misappropriating drug approval information by using it to make $3.6 million in trading securities. The WSJ story summarizes: The SEC and the Justice Department said the men traded shares dating back ... Insider trading at the FDA
Should Congress Repeal the McCarran-Ferguson Act?
While I’m focused on health care and antitrust, the question above is the subject of a conference at the Harvard Law School Petrie?Flom Center which looks like it has a great lineup. The conference is November 12th. Here is the conference description (HT: Larry Solum). Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at ... Should Congress Repeal the McCarran-Ferguson Act?
Antitrust Exemption Time Machine
I’ve been struck of late by the level of activity surrounding antitrust exemptions: health care, insurance, beer and wine wholesalers, retail merchants for the purpose of negotiate interchange fees, newspapers, agricultural cooperatives, and sports leagues. Throw in the high-stakes games being played between rivals to influence the decision-making processes of competition agencies in the US ... Antitrust Exemption Time Machine
USDA Pushes Regulatory Elimination of Consumer Harm Requirement
Danny Sokol points to the Obama administration’s most recent effort to “reinvigorate” competition policy: some new proposed rules adding new sections to the existing regulations under the Packers & Stockyards Act. Emerging from the joint DOJ/ USDA agriculture workshops (see comments from Manne & Wright here; TOTM archives on agricultural antitrust here), the USDA must ... USDA Pushes Regulatory Elimination of Consumer Harm Requirement
A first principles approach to antitrust enforcement in the agricultural industry
Like Mike, we also have a short article in the latest issue of the CPI Antitrust Chronicle. Also available on SSRN, for those without a CPI subscription. Here’s our stab at an abstract: There are very few industries that can attract the attention of Congress, multiple federal and state agencies, consumer groups, economists, antitrust lawyers, ... A first principles approach to antitrust enforcement in the agricultural industry
Ag Antitrust and the Packers & Stockyards Act
The theme of the newest issue of the CPI Antitrust Chronicle focuses on agriculture and antitrust. The issue includes a paper by yours truly on the difficulties of effectively using the Packers & Stockyards Act of 1921 as an alternate means for enforcing competition policy in the agriculture sector (see here; also available at SSRN ... Ag Antitrust and the Packers & Stockyards Act
DOJ Stumbling Out Of The Gate On Antitrust In Ag
Wednesday, April 7, J.P. Stadtmueller, U.S. District Court Judge for the Eastern District of Wisconsin, gave the green light for DOJ’s antitrust case against Dean Foods to move forward. Dean had filed a motion to dismiss based on its assertion that the DOJ had failed to provide sufficient evidence to support the DOJ’s antitrust claim ... DOJ Stumbling Out Of The Gate On Antitrust In Ag
Varney's comments from the DOJ/USDA hearings [#dojusda #agworkshop]
The DOJ has posted the transcript from the recent DOJ/USDA hearings on antitrust in agriculture here. I figured our readers might be especially interested in seeing Christine Varney’s comments (especially without having to slog through all 350 pages to find them!). I have bolded some of the most interesting parts of her comments. As a ... Varney's comments from the DOJ/USDA hearings [#dojusda #agworkshop]
The Enforcers [#agworkshop] [#dojusda]
To expand on Geoff’s post about concentration in the seed industry, there has been a consistent line of discussion throughout the day raising the specter of monopoly and anti-competitive behavior, not only in seed but also in livestock. There are continual references to adverse price effects and limitations in choice for consumers and producers alike, ... The Enforcers [#agworkshop] [#dojusda]
On seed industry concentration and its claimed effects [#dojusda #agworkshop]
A common theme throughout the day has been the declining number of seed companies–increasing concentration–and its effect. Except no one has talked about the effect. Other than pointing to the structural change itself, no one seems to have any evidence relating to the effect of the change. One farmer at the open mic session (coincidentally ... On seed industry concentration and its claimed effects [#dojusda #agworkshop]
A More "Competitive" Agriculture? [#agworkshop]
The morning’s panel of farmers represented a variety of perspectives, ranging from more reasoned to more reactionary. Among the ideas suggested: More reasoned: Find a balance between food and fuel in the policy debate (though no clear directions how) Increase trade in global markets (always easy to talk about forcing other countries to buy more ... A More "Competitive" Agriculture? [#agworkshop]
