Showing archive for: “Supreme Court”
Some Links …
There was a lot of backdating … yawn… oh, and Brett Favre is coming back The WSJ editorial page thinks the liberal boycotts of Whole Foods in response to CEO John Mackey’s op-ed on health care reform won’t have any real effects because because “real protest would require the store’s hyperprogressive customers to withdraw forever ... Some Links …
Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law
I have been asked a few times today to opine, as a corporate and securities law scholar, on President Obama’s nomination of Judge Sonia Sotomayor for the Supreme Court. (Cnn.com has a couple of quotes reflecting my thoughts.) I have three main comments: First, this is a pivotal time in American securities and corporate law jurisprudence. ... Supreme Court Nominee Judge Sonia Sotomayor and Corporate and Securities Law
500!
So sometime between January 17th, 2006 and this post, I managed to accumulate 500 blog posts here at Truth on the Market. Not bad. Not quite at par with our recently-tenured David Hoffman’s 550 or so, but more than also recently tenured Bill Henderson’s 200. Of course, adjusting for quality per post puts Henderson comfortably ... 500!
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
Teachable Moments
Don Boudreaux turns the Illinois corruption scandal into a teachable moment on rent seeking (HT: Todd Zywicki). By the way, there has never been a better time to read this. In another teachable moment story related to George Mason, my colleague Neomi Rao’s Constitutional Law students were treated to an end of the year lecture ... Teachable Moments
Reverse Payments Ripe for Cert?
The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust Review and Patently-O): Since there was no basis for the district court to confidently predict that the Agreements at issue here would be found to be unlawful under a rule ... Reverse Payments Ripe for Cert?
Abuse of Plaintiff Win Rates as Evidence that Antitrust Law Is Too Lenient
I was recently reading Dean Chemerinsky (Irvine Law) on the Roberts Court at Age 3. One of Chemerinsky’s standard takes when he talks about the Roberts Court is that the Court’s pro-business stance is one of its defining characteristics. Readers of the blog will know that I’ve been critical of Chemerinsky for his superficial antitrust ... Abuse of Plaintiff Win Rates as Evidence that Antitrust Law Is Too Lenient
Dr. Miles is Dead. Now What?
As regular readers of this blog will know, I was pretty stoked when the Supreme Court finally overruled its infamous Dr. Miles decision. The Leegin Court’s holding that minimum resale price maintenance (RPM) is not per se illegal constituted a major step toward an economically rational and theoretically coherent approach to vertical restraints. (And on ... Dr. Miles is Dead. Now What?
Teaching Antitrust
I’m two weeks into the semester here at UT, and the antitrust course. I’ve made a few changes to the course this year. Specifically, I’m using the new 2nd edition of the Gavil, Kovacic and Baker. So far so good on that front on adjusting to the new edition. Its an excellent textbook. In large ... Teaching Antitrust
What is the Worst Antitrust Decision That is Good Law?
There’s been a bit of discussion about the “most destructive” decision that is good law around the blogs, e.g. here and here, in response to John McCain’s criticism of Boumedine calling it “one of the worst decisions in the history of this country.” The line of discussion led me to think about the titular question. ... What is the Worst Antitrust Decision That is Good Law?
Cert Granted in Linkline
The Supreme Court has granted cert in Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications in order to address the question of whether a Section 2 “price squeeze” claim is viable under the Sherman Act if the defendant has no duty to deal. (HT: Scotusblog, which also has all of the relevant links). ... Cert Granted in Linkline
Barnett on the the Supreme Court, Convergence, and Enforcement Levels
Tom Barnett (DOJ Antitrust AG) gave a speech February 29th to the Federalist Society where he touched upon a number of interesting issues we’ve discussed from time to time here at TOTM. Some highlights: Barnett on recent Supreme Court activity. “I submit that the principal reason for the abundance of supermajority decisions is an analytical ... Barnett on the the Supreme Court, Convergence, and Enforcement Levels
