Showing archive for: “Sherman Antitrust Act”
David Balto (and the FTC) gets it woefully wrong on Intel
David Balto has penned a short apologia of the FTC’s Intel case (HT: Danny Sokol). Unfortunately his defense (and, unfortunately, the FTC’s case) is woefully misguided. Balto writes: Intel has been clearly dominant in the market for central processing units (CPUs) with between 80 percent and 98 percent of the market. The practices at issue ... David Balto (and the FTC) gets it woefully wrong on Intel
Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?
The Wall Street Journal is reporting that major institutional investors — CalPERS, CalSTRS, the Teacher Retirement System of Texas, etc. — have collectively adopted a set of recommended practices that is “rankling” private equity firms. Had I not discussed the article in my Antitrust class, I’d use it as the basis for an exam question. ... Antitrust Exam Question: Do the Major Institutional Investors Have an Antitrust Problem?
Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?
A few years back, my colleague Royce Barondes and I wrote an essay entitled Should Antitrust Education Be Mandatory (for Law School Administrators)? The essay, whose title was intended to be tongue-in-cheek, argued that the members of the Association of American Law Schools were engaged in an illegal conspiracy to limit competition for professor talent. ... Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?
An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai
Readers may recall we highlighted the Vizio v. Funai complaint about a year ago, in large part because it involved antitrust and standard setting issues. The case involves allegations that Funai breached a FRAND commitment, and thus, is an important decision in the debate over the appropriate scope of Section 2 in cases involving alleged ... An Interesting Patent Holdup Decision out of the Central District of CA: Vizio v. Funai
Debunking the "pro-business" rationale for Section 5 enforcement
Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about stepped-up Section 5 enforcement at the FTC: The courts have pared back plaintiffs’ rights in antitrust cases. They’re concerned about what they believe to be the toxic combination of class ... Debunking the "pro-business" rationale for Section 5 enforcement
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)
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)
Debating Google
Apologies for the late notice on this. Last week I was on a Federalist Society panel discussing Google’s antitrust issues with Rick Rule, Susan Creighton and Scott Cleland. The event description follows, and you can find audio of the panel here. It was an interesting discussion, full of nice ironies in that Microsoft’s chief outside ... Debating Google
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
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?
PeaceHealth and De Facto Exclusive Dealing, Part III
Josh’s thoughtful response (Bitchslap? Nah.) to my post criticizing the Ninth Circuit’s recent Masimo decision raises a number of important matters. I started to just submit a comment to Josh’s post, but then I figured a reply was post-worthy. (I don’t want the antitrust nerds who read these technical posts — and here’s to you, ... PeaceHealth and De Facto Exclusive Dealing, Part III
Merger Enforcement Without Market Definition?
The Horizontal Merger Guidelines have brought discipline to the unruly world of merger analysis; but have also accommodated advances in our understanding of the myriad ways in which firms compete and how mergers affect such competition. However, in cases where there is better information about the effects of the merger than there is about the ... Merger Enforcement Without Market Definition?
