February 16, 2016

Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books

Morgan Reed

By Morgan Reed In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may be fictional, but…

February 16, 2016

Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal

William Kolasky

By William Kolasky Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be true if,…

February 16, 2016

Day two of TOTM’s blog symposium on the Apple e-books antitrust case

Geoffrey A. Manne

The Apple E-Books Antitrust Case: Implications for Antitrust Law and for the Economy — Day 2 February 16, 2016 truthonthemarket.com We will have a few more posts today to round…

Antitrust & Consumer Protection

February 15, 2016

Abbott on the Apple e-books case: Apple v. United States and antitrust error cost analysis

Alden Abbott

As Judge (and Professor) Frank Easterbrook famously explained over three decades ago (in his seminal article The Limits of Antitrust), antitrust is an inherently limited body of law. In crafting and…

February 15, 2016

Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple

Jonathon Jacobson

Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from…

February 15, 2016

Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal

Andrew Albanese

By Andrew Albanese In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his…

February 15, 2016

Hylton on the Apple e-books case: The central importance of the Court’s under-appreciated Business Electronics case

Keith Hylton

For a few months I have thought that the Apple eBooks case would find an easy fit within the Supreme Court’s antitrust decisions. The case that seems closest to me…

February 15, 2016

Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course

David Balto

The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political…

February 15, 2016

Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”

William Kolasky

By William Kolasky In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In decision…