Showing archive for: “FTC”
Leegin Legislation Update
A Senate panel approved the Leegin Bill on a voice vote (HT: Main Justice). The story behind the link suggests that there is some Republican opposition brewing. I suspect there will be hearings. The Bill’s findings make the following two observations: (3) Many economic studies showed that the rule against resale price maintenance led to ... Leegin Legislation Update
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]
The Girl Scouts and Section 5
It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem). Rumor has it that demand for Thin Mints varies by region. While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with ... The Girl Scouts and Section 5
The Commission Wins an Exclusive Dealing Case
Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case. Here’s the FTC description: Transitions Optical, Inc., the nation’s leading manufacturer of photochromic treatments that darken corrective lenses used in eyeglasses, has agreed to stop using allegedly anticompetitive practices to maintain its monopoly and increase prices, under a settlement with ... The Commission Wins an Exclusive Dealing Case
An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai
Readers may recall we highlighted the Vizio v. Funai complaint about a year ago, in large part because it involved antitrust and standard setting issues. The case involves allegations that Funai breached a FRAND commitment, and thus, is an important decision in the debate over the appropriate scope of Section 2 in cases involving alleged ... An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai
A Defense of the Insurance Industry Antitrust Exemption?
The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here). In the latter of those two links I was somewhat critical of the DOJ for taking a neutral stance on the insurance industry exemption, which has now become rather wrapped up in the health care reform debate. ... A Defense of the Insurance Industry Antitrust Exemption?
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
Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical. Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article. OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Meese & Richman on Ticketmaster/ Live Nation
Alan Meese (William and Mary) and Barak Richman (Duke), have an op-ed over at the Huffington Post on the Ticketmaster Live nation merger and settlement. They frame the DOJ decision to approve the merger as a victory of principle over politics and economic populism. Here is an excerpt: Many hoped that the Live Nation-Ticketmaster merger ... Meese & Richman on Ticketmaster/ Live Nation
Varney Gets It Right on RPM
Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference at NYU Law School. (Kudos to Danny Sokol for co-organizing what promises to be a terrific event!) My paper criticizes four proposed approaches to evaluating RPM post-Leegin, and it sets ... Varney Gets It Right on RPM
Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit
Gretchen Morgenson doesn’t want poor people to have access to consumer credit. At least, that’s what I think she’s saying in her rambling NYT column this week. Congress and federal regulators have recently taken a number of actions that will make it tougher for riskier customers to access consumer credit. First there was the Credit ... Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit
Some Antitrust Links
Drew Brees on American Needle (HT: Antitrust Review) Is the DOJ gearing up to litigate Ticketmaster-Live Nation? (my favorite quote comes from this linked article: “Politically, you wouldn’t get in trouble for challenging the deal because everyone hates it, but articulating an antitrust theory is more difficult”) A wrap up of ACP’s Section 5/ Intel ... Some Antitrust Links
