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Showing archive for:  “FTC Act”

David Balto (and the FTC) gets it woefully wrong on Intel

David Balto has penned a short apologia of the FTC’s Intel case (HT: Danny Sokol).  Unfortunately his defense (and, unfortunately, the FTC’s case) is woefully misguided. Balto writes: Intel has been clearly dominant in the market for central processing units (CPUs) with between 80 percent and 98 percent of the market. The practices at issue ... David Balto (and the FTC) gets it woefully wrong on Intel

Economics versus politics in antitrust [#agworkshop]

Bill Northey, IA Ag Sec’y, sounds a bit like an economist (ah, turns out he has a degree in ag business and an MBA . . . ).  Yes, price of seeds has gone up, but so has yield, and so has overall value.  The issue, he says, is how to divide the surplus, and ... Economics versus politics in antitrust [#agworkshop]

Debunking the "pro-business" rationale for Section 5 enforcement

Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about stepped-up Section 5 enforcement at the FTC: The courts have pared back plaintiffs’ rights in antitrust cases. They’re concerned about what they believe to be the toxic combination of class ... Debunking the "pro-business" rationale for Section 5 enforcement

The case against the section 5 case against Intel, redux (cross-posted)

As Josh noted in cross-posting his comment on Section 5 and Intel, Antitrust & Competition Policy Blog is hosting a symposium on the role of FTC Act Section 5 in light of Intel.  Josh’s contribution at AC&P is available here, along with the other symposium participants.  I, too, have contributed a post, likewise cross-posted here.  ... The case against the section 5 case against Intel, redux (cross-posted)

The Case Against the Section 5 Case Against Intel (Cross-Posted)

Antitrust & Competition Policy Blog is hosting a symposium on The Role of FTC Act Section 5 in Light of Intel.  Today’s contributions include Dan Crane (Michigan), Keith Hylton (BU), Bob Lande (Baltimore) and me.   Up tomorrow will be TOTM’s Geoff Manne, Sean Heather (US Chamber), and Herbert Hovenkamp (Iowa).  My contribution is available here, ... The Case Against the Section 5 Case Against Intel (Cross-Posted)

Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

Our own Josh Wright is quoted in the lead article in today’s Wall Street Journal. Josh opines that the European Union’s record $1.45 billion fine against Intel for lowering its prices on granting “exclusionary” rebates on microprocessors means that FTC action against Intel is “much more likely than it was two weeks ago.” And what ... Good Stuff (Including Josh Wright) on Intel in Today’s WSJ

Patent Holdup, Antitrust and Innovation: Harness or Noose?

Expanding on the themes in this post from the TOTM symposium book review of Professor Carrier’s new book on “Harnessing the Power of Intellectual Property and Antitrust Law” to encourage innovation, I’ve posted an essay co-authored with a very talented former student and research assistant, Aubrey Stuempfle. The essay expands on some of the themes ... Patent Holdup, Antitrust and Innovation: Harness or Noose?

Professor Carrier’s Response

First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response

Wright on Carrier's Innovation in the 21st Century

First, I want to join the rest of the participants in congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property. ... Wright on Carrier's Innovation in the 21st Century

Froeb & Ganglmair on Antitrust and Patent Holdup

Luke Froeb and Bernard Ganglmair have posted An Equilibrium Analysis of Antitrust as the Solution to Patent Holdup.  Here’s the abstract: After downstream manufacturers make relationship-specific investments to develop products using upstream patented technology, they can be held-up” by patentees, sometimes called “patent ambush.” If manufacturers anticipate hold-up, they will be reluctant to make relationship-specific ... Froeb & Ganglmair on Antitrust and Patent Holdup

Global Competition Policy Symposium on Section 5

The newest issue in Global Competition Policy includes a symposium (disclosure: for which I was the senior editor) on Section 5 enforcement under the FTC Act. Contributors included Commissioner Rosch’s attorney advisor Kyle Andeer, Doug Melamed (WilmerHale) and Joe Sims. My views on the expansion of Section 5 in the standard setting context, at least ... Global Competition Policy Symposium on Section 5

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"