Showing archive for: “Unilateral Conduct”
"One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"
More settling economic debates by declaration and without regard to the evidence. When you make declarations like this it is best to do your homework. Consider the following: The Post-Chicago theoretical advances are well known to be built upon the foundation laid by Chicago School founders like Aaron Director — it is simply misleading to ... "One thing is clear to me: the orthodox and unvarnished Chicago School of economic theory is on life support, if it is not dead"
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
Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"
Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration: 1. increased challenges of mergers and monopolization cases, especially at DOJ 2. more consumer protection work at the FTC with a push to more expansive consumer rights ... Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"
A Separate FTC Section 2 Report?
[UPDATE: I misread Kroes’ speech in a rush. As a loyal blog reader points out, Kroes was obviously referring to the European Commission’s release of its own report, not the Federal Trade Commission. Oops.]. I’ve discussed some problems with the FTC statement in response to DOJ’s release of the Section 2 Report. In particular, I criticized some ... A Separate FTC Section 2 Report?
Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
Dennis Carlton and Michael Waldman have posted an insightful DOJ working paper on antitrust safe harbors for unilateral conduct involving quantity discounts and bundling. The discussion is very timely in light of the Microsoft CFI decision, AMC Report, Section 2 Hearings, and various monopolization cases in the United States, EU, and other antitrust jurisdictions. The Carlton & Waldman ... Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
Reactions to the Microsoft Decision
The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative. Here’s a sample: Luke Froeb: “Disappointingly, the Court failed to articulate a principle that would tell firms when they are competing on the merits and when they are going to violate the increasingly murky European antitrust rules about dominant ... Reactions to the Microsoft Decision
Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
While the antitrust nerds of the world (including yours truly) have been all atwitter over Leegin’s renunciation of Dr. Miles, another antitrust decision from October Term 2006 may turn out to be more significant in the long run. I’m speaking of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., in which the Supreme Court considered whether ... Weyerhaeuser and the Search for Antitrust’s Holy Grail (Part I)
Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis of law, that use the term “Chicago School,” in a critical and misleading way. Conventionally, use of this nomenclature comes along with a claim that “Chicago School” economics is code for a ... Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly
"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"
Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts
Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. Both call for bright-line, administrable liability rules for all forms of unilateral exclusionary conduct, and have important things to say about designing antitrust rules for bundled discounts. Both are worth ... Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts
