More on Elizabeth Warren on Theory and Interpreting Data
With all the talk about the CFPB, Elizabeth Warren has been in the news lately. The blogs too. Most of the discussion has been about whether or not Timothy Geithner is a friend or foe to the...
View ArticleCopyright Conundrum
Earlier this year, the US Supreme Court granted a writ of certiorari to Costco in the case of OMEGA SA v. Costco Wholesale Corp. (541 F. 3d 982 (2008)). At issue is whether the ‘first sale doctrine’...
View ArticleThe Roberts Court and the Limits of Antitrust
I’ve just finished a draft of a paper for an upcoming conference on the Roberts Court’s business law decisions. Volokh blogger Jonathan Adler, who directs the Center for Business Law and Regulation at...
View ArticleThe Law and Economics of Privatizing Alcohol Sales
Economist and occasional TOTM guest blogger Steve Salop (Georgetown) recently sent me the following questions spurred by the local debate over Governor McConnell’s proposal to private the retailing of...
View ArticleThe non-constitutional problem with a health care mandate
There’s been much teeth-gnashing following yesterday’s ruling by a Virginia judge that the “individual mandate” portion of Obamacare is unconstitutional. Among many other places, see the ongoing...
View ArticleEU Bans Insurer Price Discrimination Based on Gender
From the WSJ: The European Union’s highest court declared illegal the widespread practice of charging men and women different rates for insurance, roiling the industry and setting in motion an overhaul...
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An update on the evolving e-book market: Kindle edition (pun intended)
[UPDATE: Josh links to a WSJ article telling us that EU antitrust enforcers raided several (unnamed) e-book publishers as part of an apparent antitrust investigation into the agency model and whether...
View ArticleBrantley and its Implications for the Proposed Consumer Choice Antitrust...
Thom‘s excellent post highlights the Ninth Circuit’s recent decision in Brantley and describes its implications both in terms of rejecting Professor Elhauge’s claim that metering ties and mere surplus...
View ArticleSome Links
Competition on layaway fees Price discrimination over restaurant reservation times (HT: NY Times) Steve Calabresi & Larissa Price on the history of government granted monopolies and the...
View ArticleHighlights from Josh Wright’s Interview in The Antitrust Source
Anyone interested in antitrust enforcement policy (and what TOTM reader isn’t?) should read FTC Commissioner Josh Wright’s interview in the latest issue of The Antitrust Source. The extensive (22...
View ArticleThe 2015 International Competition Network’s (ICN) Unilateral Conduct...
In a recent post, I presented an overview of the ICN’s recent Annual Conference in Sydney, Australia. Today I briefly summarize and critique a key product approved by the Conference, a new chapter 6...
View ArticleLet’s Inject Antitrust Principles into Antidumping Law
In a Heritage Foundation paper released today, I argue that U.S. antidumping law should be reformed to incorporate principles drawn from the antitrust analysis of predatory pricing. A brief summary of...
View ArticleSome Good News (Maybe?) from DOJ’s Antitrust Division
I remain deeply skeptical of any antitrust challenge to the AT&T/Time Warner merger. Vertical mergers like this one between a content producer and a distributor are usually efficiency-enhancing....
View ArticleAmazon and Whole Foods, Historically Considered
Steve Horwitz is the Distinguished Professor of Free Enterprise, Department of Economics, at Ball State University In considering the importance of the Amazon merger with Whole Foods, some history is...
View ArticleAmazon/Whole Foods: What Me Worry?
Robert D. Atkinson is President of the Information Technology and Innovation Foundation One year after the Amazon/Whole Foods merger, prices at Whole Foods stores have gone down. Amazon Prime members...
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Deadweight loss from no monopoly
The once-mighty Blockbuster video chain is now down to a single store, in Bend, Oregon. It appears to be the only video rental store in Bend, aside from those offering “adult” features. Does that make...
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The Not Neutrality of Tech Reporting: Discussing the Economics of Lifting...
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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Coronavirus treatments and vaccines: Patents … or a Prize?
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is...
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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...
View ArticleA 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...
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