The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Health Care”

Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link between product market competition and productivity: A central theme of this report is the critical role that competitive product markets play in spurring productivity growth and boosting standards of living. ... Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

Law and Economics 2.0

Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here).  Legal Pad (at CNN/Fortune Magazine) ... Law and Economics 2.0

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"

Odd FTC Consent in Vertical Licensing Case

The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in turn a wholly owned subsidiary of a Japanese firm Daiichi Sankyo Company. The sublicense would allow Fresenius to manufacturer and supply the intravenous iron drug Venofer to dialysis clinics in ... Odd FTC Consent in Vertical Licensing Case

Amateurism Is What We Do!

Yesterday, the NCAA settled a horizontal price fixing class action case initiated by former basketball and football players (here, here, and here).  It’s nice to see the student-athletes get something, but I wish they would have received more.  The suit deals with the difference between the NCAA’s grant-in-aid (GIA) cap and the full cost of ... Amateurism Is What We Do!

Zywicki on the Two-Income Trap Hypothesis

My colleague Todd Zywicki offers an empirical rebuttal to the Warren-Tyagi “Two Income Trap” hypothesis which asserts that families with two incomes end up more leveraged than families with single incomes and more susceptible to negative economic shocks than otherwise for a number of reasons, including, e.g. counterproductive bidding for housing, child care expenses, etc. ... Zywicki on the Two-Income Trap Hypothesis

Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale

Frank Pasquale at Madisonian is concerned that organ markets do not show enough concern for the poor. He writes: I’d be more sympathetic to the economic approach to the topic if it showed a bit more concern for the plight of those unable to pay for organs (and for the very poor in LDC’s whose ... Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale

The FTC Takes On the DOJ in Schering-Plough

There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from a branded pharmaceutical manufacturer to a generic to delay entry (a “reverse payment”). The interesting development is that the FTC, who offered a brief in favor of cert., has now ... The FTC Takes On the DOJ in Schering-Plough

Robert Reich on the Massachusetts Health Care Plan

Today’s “Marketplace” program on NPR featured a commentary by Robert Reich (audio available here), in which the former labor secretary sang the virtues of Massachusetts’ new health insurance law. Reich emphasized a couple of times that the Massachusetts plan wouldn’t involve any new taxes. That aspect, he said, might make the plan attractive to the ... Robert Reich on the Massachusetts Health Care Plan