Showing archive for: “Sherman Antitrust Act”
Unquestionably Correct?
An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case against certiorari in Linkline: “The holding of the Ninth Circuit is unquestionably correct, and indeed merely echoes what other courts of appeals have held on the narrow issue presented to ... Unquestionably Correct?
Linkline Decision is Unanimous
The opinion is available here. Yet another super-majority Roberts Court antitrust decision applying consensus economic theory. No more price squeeze claims. Alcoa is not overturned. The Court declares that the price-squeeze claim in the absence of a duty to deal can be handled jointly by a straightforward application of Trinko and Brooke Group to the ... Linkline Decision is Unanimous
DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Predicting what antitrust enforcement regimes in the current economic environment is a tricky business. I’ve done my best here. One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the ... DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Vizio Files Monopolization Suit Against Funai
This looks like an interesting suit involving antitrust, patents, and standard setting: VIZIO, Inc., America’s HDTV Company, announced today that it has filed an antitrust and unfair competition lawsuit in the United States District Court, Central District of California, against Funai Electronics Co., Ltd., a Japanese distributor of digital televisions and related components. In the ... Vizio Files Monopolization Suit Against Funai
To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)
The headline of this Bloomberg story on the Swiss Competition Authority’s complaint against Bayer, Pfizer and Lilly announces that the firms operated an “Erection Drug Cartel.” I read a bit further to learn something about what I suspected, from the title of the story, would be a horizontal agreement between the firms — that is ... To Whom It May Concern: Please Stop Calling RPM Agreements Cartels (or Price-Fixing)
Should the Supreme Court Grant Cert in Rambus (Revisited, and Cross-Posted at Patently-O)
[Rutgers Professor Michael Carrier recently posted as a guest at Patently-O arguing in favor of the FTC’s position in Rambus and the Supreme Court granting certiorari. I thought Professor Crouch might be interested in sharing with his readers a different perspective on the merits of the FTC’s petition for cert in Rambus sketched out in ... Should the Supreme Court Grant Cert in Rambus (Revisited, and Cross-Posted at Patently-O)
What Influence Will the Section 2 Report Have? The Role of Political Ideology
There has been a great deal of speculation and discussion in this blog and around the antitrust community regarding what will happen with the DOJ Section 2 Report. Rightly so. It is a document with the potential to influence both agency monopolization enforcement decisions, international antitrust enforcement, and U.S. doctrine itself in federal court. What ... What Influence Will the Section 2 Report Have? The Role of Political Ideology
Caplan on the Law as a Phony Discipline
Bryan Caplan writes: At risk of offending my many friends in the legal academy, I think that law is a shockingly phony discipline. Virtually everyone – liberal, conservative, Marxist, libertarian, or whatever – imagines that the law conveniently agrees with what they favor on non-legal grounds. Almost no one admits that many, if not most, ... Caplan on the Law as a Phony Discipline
Top Ten Antitrust Articles of 2008
Its the time for end of the year lists. In conjunction with Danny Sokol’s survey of nominations for article of the year in 2008 (here are last year’s entries and here’s my list of the top 10 from last year), and without further ado, here are my personal, idiosyncratic, completely non-scientifically derived top 10 antitrust ... Top Ten Antitrust Articles of 2008
DOJ Files Another Section 2 Case
Press release here. Here’s an excerpt: The complaint alleges that post-acquisition Microsemi raised prices significantly on small signal transistors certified by the Defense Supply Center Columbus (DSCC), a component of the DOD, at the Joint Army-Navy Technical Exchange-Visual Inspection (JANTXV) and Joint Army-Navy Space (JANS) levels of reliability on its qualified manufacturers list or QML. ... DOJ Files Another Section 2 Case
No Ovation for FTC's Latest Enforcement Theory
The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release: The Federal Trade Commission today filed a complaint in federal district court challenging Ovation Pharmaceuticals, Inc.’s January 2006 ... No Ovation for FTC's Latest Enforcement Theory
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
