Showing archive for: “FTC”
A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance
My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created by the Supreme Court’s 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. The Leegin Court held that instances of ... A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance
New Federal Trade Commission Nominees Julie Brill and Edith Ramirez
The President has announced his intention to nominate two new Federal Trade Commissioners: Julie Brill and Edith Ramirez. Brill comes from a State AG background (Vermont and most recently North Carolina). Ramirez was a partner at Quinn Emanuel whose bio suggests significant experience in litigating intellectual property and other commercial contract disputes.
Is the Intel/AMD Settlement Illegal?
So, AMD and Intel settled. Its a case we’ve covered here in significant detail. Terms haven’t been announced publicly. AAI has predictably argued that the settlement shouldn’t preclude further enforcement action from NY and the FTC. The NY Times suggests the same. They may be right, although Herb Hovenkamp, among others, has suggested that the ... Is the Intel/AMD Settlement Illegal?
As New York goes, so goes the FTC?
The New York Times is reporting that New York’s attorney general, Andrew Cuomo, has filed an antitrust suit against Intel. According to the report, The New York move increases the chances that the F.T.C. will take action against Intel, according to a person who was familiar with the state’s investigation but was not authorized to ... As New York goes, so goes the FTC?
Dynamic Competition in Antitrust Law
The Horizontal Merger Guidelines are the intellectual cornerstone of modern antitrust law, yet they contain little discussion of innovation or dynamic competition. Although the Merger Guidelines do not constitute law merely by virtue of their promulgation by the agencies, the courts previously have accepted the revised principles that the agencies have advocated. By embracing the ... Dynamic Competition in Antitrust Law
Welcome to the Truth on the Market Merger Guidelines Symposium
With the recent DOJ and FTC announcement that they will solicit public comment and hold joint workshops to explore the possibility of “updating” the Horizontal Merger Guidelines (“HMG”) in December 2009 and January 2010, the attention of the antitrust community has turned away from the heated Section 2 debates (the subject of our last symposium) ... Welcome to the Truth on the Market Merger Guidelines Symposium
Intellectual Property, Standard Setting, and the Limits of Antitrust
[Cross-posted at TalkStandards.com, a blog devoted on standards and related issues] One of the most significant challenges facing competition policy today is defining the appropriate role of antitrust law within the context of intellectual property right licensing by standard-setting organizations (“SSOs”). Many commentators believe it is necessary to apply the full force of the antitrust ... Intellectual Property, Standard Setting, and the Limits of Antitrust
Babies-R-Us and the Case Against a Presumption of Illegality for Retailer-Initiated RPM
According to the Wall Street Journal, the FTC is investigating whether retailer Toys-R-Us has violated the antitrust laws by inducing certain manufacturers to set minimum resale prices for their products (i.e., to engage in resale price maintenance, or “RPM”). The Journal first reports that the Commission “is investigating whether [Toys-R-Us] may have violated an 11-year-old ... Babies-R-Us and the Case Against a Presumption of Illegality for Retailer-Initiated RPM
Mark Your Calendars: TOTM Merger Guidelines Symposium
Due to a reader interest and a larger than expected number of expected submissions, the Truth on the Market Merger Guidelines Symposium is now a two day event: Monday October 26th and Tuesday October 27th. Participants: Because we are are now spread out over a few more days, feel free to aim for the 300-500 ... Mark Your Calendars: TOTM Merger Guidelines Symposium
Welcome TOTM Guest Blogger Steven C. Salop
Steve Salop is a professor economics and law at the Georgetown University Law Center where he teaches antitrust law and economics and economic reasoning and the law. Steve’s work in antitrust economics pioneered what is now frequently referred to as the “Post-Chicago” approach. His research focuses on antitrust law and economics, and Steve has written ... Welcome TOTM Guest Blogger Steven C. Salop
Announcement: TOTM Merger Guidelines Blog Symposium is Coming!
In light of the DOJ/FTC announcement of workshops to explore possible revisions to the Merger Guidelines in December 2009 and January 2010, TOTM is organizing a symposium on the legal and economic issues associated with the Guidelines. In particular, we’ve asked a panel of a dozen or so of the leading antitrust lawyers and economists ... Announcement: TOTM Merger Guidelines Blog Symposium is Coming!
Merger Guidelines Reading
Volume 16, Issue 4 of the George Mason Law Review (which I received in my mailbox today) has a well timed issue from its antitrust symposium featuring several articles on revisions to the Merger Guidelines. Especially recommended is DOJ economist Greg Werden’s article here, which usefully sets the stage for some of the important debates. ... Merger Guidelines Reading
