Showing archive for: “Tying & Bundling”
Tad Lipsky on Lessons From the Section 2 Context
The FTC’s struggle to provide guidance for its enforcement of Section 5’s Unfair Methods of Competition (UMC) clause (or not – some oppose the provision of forward guidance by the agency, much as one occasionally heard opposition to the concept of merger guidelines in 1968 and again in 1982) could evoke a much broader long-run ... Tad Lipsky on Lessons From the Section 2 Context
James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
The FTC has long been on a quest to find the elusive species of conduct that Section 5 alone can tackle. A series of early Supreme Court cases interpreting the FTC Act – the most recent and widely cited of which is more than forty years old (FTC v. Sperry & Hutchinson Co., 405 U.S. ... James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Guest post by Steve Salop, responding to Dan’s post and Thom’s post on the appropriate liability rule for loyalty discounts. I want to clarify some of the key issues in Commissioner Wright’s analysis of Exclusive Dealing and Loyalty Discounts as part of the raising rivals’ costs (“RRC”) paradigm. I never thought that I would have to defend Wright against ... Wright is Right and Price-Cost Safe Harbors are Wrong: The Raising Rivals’ Cost Paradigm, Loyalty Discounts and Exclusive Dealing
Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
It’s not often that I disagree with my friend and co-author, FTC Commissioner Josh Wright, on an antitrust matter. But when it comes to the proper legal treatment of loyalty discounts, the Commish and I just don’t see eye to eye. In a speech this past Monday evening, Commissioner Wright rejected the view that there should ... Should There Be a Safe Harbor for Above-Cost Loyalty Discounts? Why I Believe Wright’s Wrong.
Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
Although it probably flew under almost everyone’s radar, last week Josh issued his first Concurring Statement as an FTC Commissioner. The statement came in response to a seemingly arcane Notice of Proposed Rulemaking relating to Hart-Scott-Rodino Premerger Notification Rules: The proposed rules also establish a procedure for the automatic withdrawal of an HSR filing when ... Josh Wright begins making his mark at the FTC by pushing cost-benefit analysis
The folly of the FTC’s Section Five case against Google
In the past weeks, the chatter surrounding a possible FTC antitrust case against Google has risen in volume, thanks largely to the FTC’s hiring of litigator Beth Wilkinson. The question remains, however, what this aggressive move portends and, more importantly, why the FTC is taking it. It is worth noting at the outset that, as ... The folly of the FTC’s Section Five case against Google
A few tidbits about Herb Hovenkamp
Our friends at Chillin’ Competition have a short interview with Herb Hovenkamp up as part of their “Friday Slot” series. Here are a couple of tidbits to entice you to go read the whole thing: “Oscar” of the best antitrust law book? Non-antitrust book? Best Antitrust Book: Oliver E. Williamson, Markets and Hierarchies: Analysis and Antitrust Implications (1975). ... A few tidbits about Herb Hovenkamp
The Economics of Being Able to Fire People Who Provide Me Services
Via Professor Bainbridge, I read today about the nonsense surrounding Mitt Romney enjoying firing people. I’m late to the this one, but here is the quote in context for anybody who missed it: “I want individuals to have their own insurance,” he said. “That means the insurance company will have an incentive to keep you ... The Economics of Being Able to Fire People Who Provide Me Services
Hovenkamp’s Cases and Materials on Innovation and Competition Policy
Herb Hovenkamp has posted his new casebook on Innovation and Competition Policy to SSRN, where one can download the chapters individually. This is a very nice development for students; and the book seems perfectly fit for a course on Innovation and Competition Policy — for which it was designed — but also appropriate for a ... Hovenkamp’s Cases and Materials on Innovation and Competition Policy
ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
[I am participating in an online “debate” at the American Constitution Society with Professor Ben Edelman. The debate consists of an opening statement and concluding responses to be posted later in the week. Professor Edelman’s opening statement is here. I am cross-posting my opening statement here at TOTM. This is my closing statement] Professor Edelman’s ... ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google
The uncorporation and energy infrastructure
My paper, Energy Infrastructure Investment and the Rise of the Uncorporation has been published in the current issue of the Journal of Applied Corporate Finance. It includes a useful summary of my views of uncorporations applied to larger firms. As of now it’s behind a pay wall. Here’s the abstract: While most large U.S. businesses have long ... The uncorporation and energy infrastructure
Antitrust in the Cards
Here is an interesting looking lawsuit involving restraints that Upper Deck imposes on Internet-only distributors: Upper Deck filed a lawsuit on its new distribution policy against Blowout Cards and other (as of yet unnamed) Internet-only stores in June 2011. Without rehashing the entire article, Upper Deck’s distribution policy basically requires its authorized hobby distributors to ... Antitrust in the Cards
