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

Showing archive for:  “Monopolization”

Peter Thiel on the Virtues of Monopoly

PayPal co-founder Peter Thiel has a terrific essay in the Review section of today’s Wall Street Journal.  The essay, Competition Is for Losers, is adapted from Mr. Thiel’s soon-to-be-released book, Zero to One: Notes on Startups, or How to Build the Future.  Based on the title of the book, I assume it is primarily a how-to guide for entrepreneurs.  ... Peter Thiel on the Virtues of Monopoly

Microsoft’s Android Anathema

Microsoft wants you to believe that Google’s business practices stifle competition and harm consumers. Again. The latest volley in its tiresome and ironic campaign to bludgeon Google with the same regulatory club once used against Microsoft itself is the company’s effort to foment an Android-related antitrust case in Europe. In a recent polemic, Microsoft consultant (and business ... Microsoft’s Android Anathema

Antitrust Law and Economics Scholars Urge Reversal in McWane

Last Monday, a group of nineteen scholars of antitrust law and economics, including yours truly, urged the U.S. Court of Appeals for the Eleventh Circuit to reverse the Federal Trade Commission’s recent McWane ruling. McWane, the largest seller of domestically produced iron pipe fittings (DIPF), would sell its products only to distributors that “fully supported” ... Antitrust Law and Economics Scholars Urge Reversal in McWane

Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

Earlier this week the New Jersey Assembly unanimously passed a bill to allow direct sales of Tesla cars in New Jersey. (H/T Marina Lao). The bill Allows a manufacturer (“franchisor,” as defined in P.L.1985, c.361 (C.56:10-26 et seq.)) to directly buy from or sell to consumers a zero emission vehicle (ZEV) at a maximum of ... Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The American Bar Association’s (ABA) “Antitrust in Asia:  China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML).  The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy.  These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The Ninth Circuit Rescues the Government Raisin Cartel

On May 9, 2014, in Horne v. Department of Agriculture, the Ninth Circuit struck a blow against economic liberty by denying two California raisin growers’ efforts to recover penalties imposed against them by the U.S. Department of Agriculture (USDA).  The growers’ heinous offense was their refusal to continue participating in a highly anticompetitive cartel.  In ... The Ninth Circuit Rescues the Government Raisin Cartel

Predatory pricing reform rides the Marrakech Express

As I noted in my prior post, two weeks ago the 13th Annual Conference of the International Competition Network (ICN) released two new sets of recommended best practices.  Having focused on competition assessment in my prior blog entry, I now turn to the ICN’s predatory pricing recommendations. Aggressive price cutting is the essence of competitive ... Predatory pricing reform rides the Marrakech Express

Why the Antitrust Realities Support the Comcast-Time Warner Cable Merger

I have a new article on the Comcast/Time Warner Cable merger in the latest edition of the CPI Antitrust Chronicle, which includes several other articles on the merger, as well. In a recent essay, Allen Grunes & Maurice Stucke (who also have an essay in the CPI issue) pose a thought experiment: If Comcast can ... Why the Antitrust Realities Support the Comcast-Time Warner Cable Merger

The Revelations of GM’s Anti-Tesla Letter

As Geoff posted yesterday, a group of 72 distinguished economists and law professors from across the political spectrum released a letter to Chris Christie pointing out the absurdities of New Jersey’s direct distribution ban. I’m heartened that both Governor Christie and his potential rival for the 2016 Republican nomination, Texas Governor Rick Perry, have made statements, ... The Revelations of GM’s Anti-Tesla Letter

Over 70 economists and law professors sign letter opposing anti-Tesla direct automobile distribution ban

Earlier this month New Jersey became the most recent (but likely not the last) state to ban direct sales of automobiles. Although the rule nominally applies more broadly, it is directly aimed at keeping Tesla Motors (or at least its business model) out of New Jersey. Automobile dealers have offered several arguments why the rule ... Over 70 economists and law professors sign letter opposing anti-Tesla direct automobile distribution ban

Dealer protectionism in New Jersey

Last summer I blogged here at TOTM about the protectionist statutes designed to preempt direct distribution of Tesla cars that are proliferating around the country. This week, New Jersey’s Motor Vehicle Commission voted to add New Jersey to the list of states bowing to the politically powerful car dealers’ lobby. Yesterday, I was on Bloomberg’s ... Dealer protectionism in New Jersey

Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing

Commissioner Josh Wright’s dissenting statement in the Federal Trade Commission’s recent McWane proceeding is a must-read for anyone interested in the law and economics of exclusive dealing. Wright dissented from the Commission’s holding that McWane Inc.’s “full support” policy constituted unlawful monopolization of the market for domestic pipe fittings. Under the challenged policy, McWane, the ... Commissioner Wright’s McWane Dissent Illuminates the Law and Economics of Exclusive Dealing