Showing archive for: “Sherman Antitrust Act”
Dr. Miles (1911-2007)
So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably: The per se rule should be reserved for practices that are always, or almost always, anticompetitive. The common law nature ... Dr. Miles (1911-2007)
Credit Suisse and "Sector Regulation": SCOTUS Picks the Right Poison
In Monday’s Credit Suisse v. Billing decision, the Supreme Court held that the federal securities laws implicitly precluded the application of antitrust law to the defendants’ alleged misconduct. The plaintiffs, buyers of newly issued securities, had accused the defendants, underwriting firms that had collectively marketed and distributed those securities, of violating Section 1 of the ... Credit Suisse and "Sector Regulation": SCOTUS Picks the Right Poison
AMC Releases Tentative Recommendations
The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger ... AMC Releases Tentative Recommendations
Antitrust Superprecedent
Shubha Ghosh, of the Antitrust & Competition Policy Blog, is predicting that the Supreme Court will not overrule the 1911 Dr. Miles decision, which holds that “vertical minimum resale price maintenance” (i.e., a manufacturer’s imposition of minimum resale price for his goods) is per se illegal. Ghosh explains: [T]he grant of cert in Leegin is ... Antitrust Superprecedent
"There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"
Huh? This statement appears in this article by Professor Anthony D’Amato (Northwestern) on the failure of interdisciplinary scholarship in the legal academy. HT: Brian Leiter. Quite frankly, I was very surprised to see a claim like this in a paper written after 1970 or so. Even in corners of the academy hostile to economic analysis, ... "There is Little Evidence that Economic Analysis of Law Has Changed [Antitrust] in Any Noticeable Way"
Carlton & Picker on Antitrust and Regulation
Dennis Carlton and Randy Picker have posted Antitrust and Regulation on SSRN. It looks like a very interesting paper on the relationship between antitrust and regulation to control competition. Here’s the abstract: More than a century ago, the federal government started controlling competition, first railroads through the Interstate Commerce Act and then the general economy ... Carlton & Picker on Antitrust and Regulation
FTC/ DOJ Section 2 Hearings Continue
The FTC/ DOJ Section 2 Hearings (aka Hearings on Section 2 of the Sherman Act: Single Firm Conduct as Related to Competition) continued earlier this week with a session on tying Wednesday featuring David Evans, Robin Cooper Feldman, Mark Popofsky, Donald Russell, Michael Waldman, and Robert Willig. This link contains presentation materials and will eventually, ... FTC/ DOJ Section 2 Hearings Continue
Antitrust Canons
Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat. I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship. My long, but embarrassingly underinclusive list, is below the fold. In particular, I have left out a good deal ... Antitrust Canons
More Evidence of an Antitrust Violation Brewing at Elite Schools
I called it last week. Today’s NYT reports that Princeton has accepted Harvard’s invitation to join it in eliminating early admissions. In addition, the presidents of eleven elite liberal arts colleges (including Swarthmore, Williams, Barnard, and Amherst) have met to discuss, among other things, collectively eliminating their early admission programs and reducing merit-based aid. Just ... More Evidence of an Antitrust Violation Brewing at Elite Schools
Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium
Yesterday I had the pleasure of participating in a panel discussion on standards for single firm conduct in the United States and the EU at the George Mason Antitrust Symposium, which focused on antitrust issues in the global marketplace (and I might add, was put together quite nicely by the GMU Law Review folks). The ... Barnett on Antitrust, IP, and Apple at the GMU Antitrust Symposium
Are Dr. Miles' Days Numbered?
Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a ... Are Dr. Miles' Days Numbered?
Paternalism and the iPod, Part Trois
The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival offerings went into effect Thursday. “Me too” regulatory movements are already underway in Britain, Norway, Sweden, Poland and Denmark. This, as Microsoft plans to introduce “Zune,” its entry into the ... Paternalism and the iPod, Part Trois
