Clik here to view.
Appropriate Liability Rules for Tying and Bundled Discounting: A Response to...
In recent years, antitrust scholars have largely agreed on a couple of propositions involving tying and bundled discounting. With respect to tying (selling one’s monopoly “tying” product only on the...
View ArticleClik here to view.
Ninth Circuit Moves Tying Doctrine in the Right Direction. Will SCOTUS Follow?
The Ninth Circuit recently issued a decision that pushes the doctrine governing tying in the right direction. If appealed, the decision could provide the Roberts Court with an opportunity to do for...
View ArticleClik here to view.
The Efficiency of Metering Tie-Ins
Have you ever had to get on your hands and knees at Office Depot to find precisely the right printer cartridge? It’s maddening, no? Why can’t the printer manufacturers just settle on a single design...
View ArticleClik here to view.
Hazlett & Wright on The Law and Economics of Network Neutrality
Thomas Hazlett and I have posted The Law and Economics of Network Neutrality: The Federal Communications Commission’s Network Neutrality Order regulates how broadband networks explain their services to...
View ArticleClik here to view.
The Economics of Drip Pricing at the FTC
The FTC is having a conference in the economics of drip pricing: Drip pricing is a pricing technique in which firms advertise only part of a product’s price and reveal other charges later as the...
View ArticleClik here to view.
ICLE and TechFreedom File Joint Comments in Defense of a Free Internet
The International Center for Law & Economics (ICLE) and TechFreedom filed two joint comments with the FCC today, explaining why the FCC has no sound legal basis for micromanaging the Internet and...
View ArticleClik here to view.
Debunking the Myth of a Data Barrier to Entry for Online Services
Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists...
View ArticleClik here to view.
New Paper: The Problems and Perils of Bootstrapping Privacy and Data into an...
The CPI Antitrust Chronicle published Geoffrey Manne’s and my recent paper, The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework as part of a symposium on Big Data in...
View ArticleClik here to view.
Does Apple’s “Discrimination” Against Rival Apps in the App Store harm...
A spate of recent newspaper investigations and commentary have focused on Apple allegedly discriminating against rivals in the App Store. The underlying assumption is that Apple, as a vertically...
View ArticleWright, Ginsburg, Lipsky and Yun: Connecting Vertical Merger Guidelines to...
[TOTM: The following is part of a symposium by TOTM guests and authors on the 2020 Vertical Merger Guidelines. The entire series of posts is available here.] This post is authored by Joshua D. Wright...
View ArticleNo 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...
View ArticleWeb Seminar: Antitrust Economics 101
I’ll be teaching an interactive web seminar on basic microeconomic concepts that form the basis of antitrust analysis through Competition Policy International’s Learning Center on three consecutive...
View ArticleClik here to view.
Section 2 Symposium: Bill Kolasky on Proving Market Power
William Kolasky is a partner in WilmerHale’s Regulatory and Government Affairs Department, a member of the firm’s Antitrust and Competition Practice Group, and a former Deputy Assistant Attorney...
View ArticleOvation Reconsidered: A Response to Commissioner Leary
I was very pleased to thumb through the newest version of Antitrust Magazine and see a TOTM post get some attention. Its always nice to be cited and have folks take the time to respond to your work —...
View ArticleComing Soon: New Merger Guidelines
The possibility of new Merger Guidelines has been much discussed in the antitrust community, particularly in light of appointment of the two new chief agency economists, Carl Shapiro and Joe Farrell,...
View ArticleComments on Updating the Merger Guidelines
Of course, the Merger Guidelines need to be updated. Except for efficiencies, they haven’t been updated in 17 years. Lawyers and economists with a regular antitrust practice may not require an...
View ArticleAmazon vs. Macmillan: It's all about control
The Amazon vs. Macmillan controversy has been beaten to a pulp in the blogosphere. See Megan McArdle, John Scalzi, Joshua Gans, Virginia Postrel, Lynne Kiesling, Lynne Kielsing and Lynne Kiesling,...
View ArticleThe Girl Scouts and Section 5
It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem). Rumor has it that demand for...
View ArticlePrice Discrimination in Education
Tom Smith offers an entertaining and insightful perspective on the economics of higher education: Without passing moral judgment in any way, I will just observe it is astonishing that higher education...
View ArticleDoes the Supreme Court Deem Price Discrimination to be an “Anticompetitive”...
One of my summer writing projects is a response to Einer Elhauge’s recent, highly acclaimed article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory. In the article, which...
View Article