The Archives

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

Showing archive for:  “Law & Economics”

Efficient Cartels and the Public Interest Defence – Do They Exist?

The concept of a “good” or “efficient” cartel is generally regarded by competition authorities as an oxymoron. A cartel is seen as the worst type of antitrust violation and one that warrants zero tolerance. Agreements between competitors to raise prices and share the market are assumed unambiguously to reduce economic welfare. As such, even if ... Efficient Cartels and the Public Interest Defence – Do They Exist?

Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

John Maynard Keynes wrote in his famous General Theory that “[t]he ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men who believe themselves to be quite exempt from any intellectual influence, ... Economics is Dead. Long Live Economics! A Review of The Economists’ Hour

The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed

Last week the International Center for Law & Economics (ICLE) and twelve noted law and economics scholars filed an amicus brief in the Ninth Circuit in FTC v. Qualcomm, in support of appellant (Qualcomm) and urging reversal of the district court’s decision. The brief was authored by Geoffrey A. Manne, President & founder of ICLE, and ... The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed

Municipal Revenue Extraction Should Not Stand in the Way of Next Generation Broadband

Advanced broadband networks, including 5G, fiber, and high speed cable, are hot topics, but little attention is paid to the critical investments in infrastructure necessary to make these networks a reality. Each type of network has its own unique set of challenges to solve, both technically and legally. Advanced broadband delivered over cable systems, for ... Municipal Revenue Extraction Should Not Stand in the Way of Next Generation Broadband

Economic Calculation in the Public Defender’s Office

After spending a few years away from ICLE and directly engaging in the day to day grind of indigent criminal defense as a public defender, I now have a new appreciation for the ways economic tools can explain behavior that I had not before studied. For instance, I think the law and economics tradition, specifically ... Economic Calculation in the Public Defender’s Office

Amazon-Whole Foods symposium wrap-up

On Tuesday, August 28, 2018, Truth on the Market and the International Center for Law and Economics presented a blog symposium — Is Amazon’s Appetite Bottomless? The Whole Foods Merger After One Year — that looked at the concerns surrounding the closing of the Amazon-Whole Foods merger, and how those concerns had played out over ... Amazon-Whole Foods symposium wrap-up

A big year for business and economics in the courts, even if we’re not talking about Janus

This has been a big year for business in the courts. A U.S. district court approved the AT&T-Time Warner merger, the Supreme Court upheld Amex’s agreements with merchants, and a circuit court pushed back on the Federal Trade Commission’s vague and heavy handed policing of companies’ consumer data safeguards. These three decisions mark a new ... A big year for business and economics in the courts, even if we’re not talking about Janus

What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Today would have been Henry Manne’s 90th birthday. When he passed away in 2015 he left behind an immense and impressive legacy. In 1991, at the inaugural meeting of the American Law & Economics Association (ALEA), Manne was named a Life Member of ALEA and, along with Nobel Laureate Ronald Coase, and federal appeals court ... What’s hip (in antitrust) today should stay passé: Henry G. Manne on “hipster antitrust”

Farewell

On Monday, April 2, I will leave the Heritage Foundation to enter federal government service.  Accordingly, today I am signing off as a regular contributor to Truth on the Market.  First and foremost, I owe a great debt of gratitude to Geoff Manne, who was kind enough to afford me access to TOTM.  Geoff’s outstanding ... Farewell

Thoughts on Fred McChesney

Paul Rubin is Samuel Candler Dobbs Professor of Economics at Emory University. I first met Fred in about 1977, when I presented a paper at Miami and Fred was a student in the Law and Economics program. We thought alike and became friends immediately. After that, I saw Fred in Washington, when I worked at the ... Thoughts on Fred McChesney

Tim Muris on Fred McChesney

Timothy Muris is a George Mason University Foundation Professor of Law at the Scalia Law School at George Mason University and Senior Counsel at Sidley Austin LLP. From 2000-2004 he was Chairman of the Federal Trade Commission. I knew Fred for over 40 years, and came to have a deep love and affection for his ... Tim Muris on Fred McChesney

Louis De Alessi: Remembering Fred S. McChesney

Louis De Alessi is Professor Emeritus of Economics at the University of Miami. Fred and I met when he enrolled in my graduate course in Microeconomic Theory at George Washington University. The class was small, I used a Socratic approach, and Fred — as you would expect – was an active participant, asking good questions ... Louis De Alessi: Remembering Fred S. McChesney