Showing archive for: “FTC”
Evading Section Two, Two Ways: The Commission's Cases Against McCormick and Intel
Yesterday, in my contribution to the Antitrust & Competition Policy Blog’s Section 5 symposium, I discussed the FTC’s use of Section 5 to evade the tough standards facing plaintiffs bringing Section 2 claims and how that evasion was likely to cost consumers by stripping out the error-cost protections embedded in modern monopolization law. I also ... Evading Section Two, Two Ways: The Commission's Cases Against McCormick and Intel
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)
David Evans Makes the Case Against Revamping Consumer Protection
Economist, co-author, and sometimes TOTM guest David Evans (UCL, University of Chicago School of Law) has an excellent note on “Why Now is Not the Right Time To Revamp Consumer Protection,” based on remarks made at the New York Federal Reserve Board-New York University Conference on Regulating Consumer Financial Products yesterday in New York. Evans ... David Evans Makes the Case Against Revamping Consumer Protection
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)
Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics
I’m very pleased to report that my paper with Michael R. Baye (of the Kelley School of Business at Indiana University and formerly Director of the Bureau of Economics at the Federal Trade Commission), Is Antitrust Too Complicated For Generalist Judges: The Impact of Economic Complexity and Judicial Training on Appeals, has been accepted for ... Is Antitrust Too Complicated for Federalist Judges? Forthcoming In Journal of Law and Economics
My Top Ten Antitrust Publications of the Year
Danny Sokol posted his blog’s list of top antitrust publications for the year. The big winners were Einer Elhauge, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harvard Law Review 397 (2009), and Nathan Miller, Strategic Leniency and Cartel Enforcement, American Economic Review. In the holiday rush, I forget to send ... My Top Ten Antitrust Publications of the Year
Armentano in the WSJ, Abolition and Antitrust Fairy Tales …
Leading antitrust critic and abolitionist, Dominick Armentano, has a letter to the editor in the WSJ. The point of the letter to the editor is rather specific: that FTC’s attack on Intel is no outlier in the historical context of antitrust enforcement, contrary to the WSJ’s description. To the contrary, Armentano argues that Intel is ... Armentano in the WSJ, Abolition and Antitrust Fairy Tales …
FTC Nominee Hearings
Statements from Nominees Brill and Ramirez, respectively, from the December 15th hearings.
Features v. Bugs: Intel and the Relationship Between Sections 2 and 5
There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months. And we’ve said quite a bit already. But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted ... Features v. Bugs: Intel and the Relationship Between Sections 2 and 5
It's a Section 5!
The FTC brought its long-awaited case against Intel today. New York Times report here. Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting. Chairman Leibowitz’ statement is here. Most notable at first glance is that this is being brought primarily ... It's a Section 5!
Searle Center Preliminary Report on State Consumer Protection Acts
The Searle Center Civil Justice Institute has announced the release of its preliminary report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation. You can read the Executive Summary here. As the Searle Center State Consumer Protection Acts Task Force Chair, I’ve been involved in the data collection, analysis, and drafting of this ... Searle Center Preliminary Report on State Consumer Protection Acts
I Do Not Think Those Words Mean What You Think They Mean
Here’s Henry Waxman on the federal government saving the newspapers from failing: “The newspapers my generation has taken for granted are facing a structural threat to the business model that has sustained them,” said Representative Henry Waxman, a Democrat from California. The loss of revenue has spurred a vicious cycle with thousands of journalists losing ... I Do Not Think Those Words Mean What You Think They Mean