Showing archive for: “Supreme Court”
The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law
Admirers of the late Supreme Court Justice Louis Brandeis and other antitrust populists often trace the history of American anti-monopoly sentiments from the Founding Era through the Progressive Era’s passage of laws to fight the scourge of 19th century monopolists. For example, Matt Stoller of the American Economic Liberties Project, both in his book Goliath ... The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law
A Law & Economics Perspective on Ruth Bader Ginsburg
With the passing of Justice Ruth Bader Ginsburg, many have already noted her impact on the law as an advocate for gender equality and women’s rights, her importance as a role model for women, and her civility. Indeed, a key piece of her legacy is that she was a jurist in the classic sense of ... A Law & Economics Perspective on Ruth Bader Ginsburg
In the Fight Against Qualcomm, Apple’s Loss is Apple’s Gain
Apple’s legal team will be relieved that “you reap what you sow” is just a proverb. After a long-running antitrust battle against Qualcomm unsurprisingly ended in failure, Apple now faces antitrust accusations of its own (most notably from Epic Games). Somewhat paradoxically, this turn of events might cause Apple to see its previous defeat in ... In the Fight Against Qualcomm, Apple’s Loss is Apple’s Gain
Rybnicek: The Draft Vertical Merger Guidelines Would Do More Harm Than Good
In an area where it may seem that agreement is rare, there is near universal agreement on the benefits of withdrawing the DOJ’s 1984 Non-Horizontal Merger Guidelines. The 1984 Guidelines do not reflect current agency thinking on vertical mergers and are not relied upon by businesses or practitioners to anticipate how the agencies may review ... Rybnicek: The Draft Vertical Merger Guidelines Would Do More Harm Than Good
Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition
This is the first in a series of TOTM blog posts discussing the Commission’s recently published Google Android decision. It draws on research from a soon-to-be published ICLE white paper. The European Commission’s recent Google Android decision will surely go down as one of the most important competition proceedings of the past decade. And yet, ... Making Sense of the Google Android Decision (part 1): Four Problems with the EU Commission’s Market Definition
The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed
Last week the International Center for Law & Economics (ICLE) and twelve noted law and economics scholars filed an amicus brief in the Ninth Circuit in FTC v. Qualcomm, in support of appellant (Qualcomm) and urging reversal of the district court’s decision. The brief was authored by Geoffrey A. Manne, President & founder of ICLE, and ... The District Court’s FTC v. Qualcomm Decision Rests on Impermissible Inferences and Should Be Reversed
In Apple v Pepper, SCOTUS leaves home without its Amex
It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded. It would be an understatement to say that the Court reached the right ... In Apple v Pepper, SCOTUS leaves home without its Amex
Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
A recent tweet by Lina Khan, discussing yesterday’s American Express decision, exemplifies an unfortunate trend in contemporary antitrust discourse. Khan wrote: The economists cited by the Second Circuit (whose opinion SCOTUS affirms) for the analysis of ‘two-sided’ [markets] all had financial links to the credit card sector, as we point out in FN 4 [link ... Dear Antitrusters: Bias Is Ubiquitous. Stick to the Merits.
The illiberal vision of neo-Brandeisian antitrust
Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very ... The illiberal vision of neo-Brandeisian antitrust
Foreign Export Cartels, Comity, and the Separation of Powers
Over the last two decades, the United States government has taken the lead in convincing jurisdictions around the world to outlaw “hard core” cartel conduct. Such cartel activity reduces economic welfare by artificially fixing prices and reducing the output of affected goods and services. At the same, the United States has acted to promote international ... Foreign Export Cartels, Comity, and the Separation of Powers
The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
On December 1, 2017, in granting certiorari in Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., the U.S. Supreme Court agreed to consider “whether orders denying antitrust state-action immunity to public entities are immediately appealable under the collateral-order doctrine.” At first blush, this case might appear to involve little more than a ... The Collateral Order Doctrine and State Action Immunity: Salt River Power District, Antitrust Federalism, and the Burden of State-Supported Monopoly
The year ahead in drug pricing.
Last week, several major drug makers marked the new year by announcing annual increases on list prices. In addition to drug maker Allergan—which pledged last year to confine price increases below 10 percent and, true to its word, reported 2018 price increases of 9.5 percent—several other companies also stuck to single-digit increases. Although list or “sticker” ... The year ahead in drug pricing.
