Showing 9 of 128 Publications in Health Care

The Girl Scouts and Section 5

TOTM 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: . . .

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 Thin Mints varies by region.  While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with  Girl Scout marketing efforts,  is tantamount to the evading pricing constraints imposed by current demand conditions.  No word on whether the Girl Scouts have hired antitrust counsel in light of the Commission’s pushing of this definition of actionable antitrust conduct in N-Data and Ovation (amongst other cases).

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Antitrust & Consumer Protection

The Commission Wins an Exclusive Dealing Case

TOTM Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description… Read the full piece here. 

Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description…

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Antitrust & Consumer Protection

Health Care Reform, Reconciliation, and the Role of the Senate: Some Wise Counsel from Key Democrats

TOTM Well, it looks like Congress is going to attempt to enact the Senate’s health care bill using the reconciliation process. President Obama certainly suggested as . . .

Well, it looks like Congress is going to attempt to enact the Senate’s health care bill using the reconciliation process. President Obama certainly suggested as much in Thursday’s Health Care Summit, downplaying the significance of such a move and suggesting it may be necessary in order to “move forward.”

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Financial Regulation & Corporate Governance

Here Come the Price Controls

TOTM As Todd mentioned, the Obama Administration has released its latest plan for regulating (and mandating) health insurance. The new plan includes a novel element: the . . .

As Todd mentioned, the Obama Administration has released its latest plan for regulating (and mandating) health insurance. The new plan includes a novel element: the creation of a seven-member Health Insurance Rate Authority that would issue an annual schedule of “reasonable” rate increases. Increases deemed unjustified could be blocked, and insurers that imposed unjustified rate increases would have to provide rebates to overcharged consumers.

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Financial Regulation & Corporate Governance

Thoughts on ‘The Small Bill’

TOTM Writing in the Weekly Standard, Jeffrey Anderson offers an alternative to Obamacare (or should we call it Pelosireidcare?). The seven provisions in the “Small Bill” . . .

Writing in the Weekly Standard, Jeffrey Anderson offers an alternative to Obamacare (or should we call it Pelosireidcare?). The seven provisions in the “Small Bill” seem sensible to this nonexpert. Allowing insurance to be sold interstate is likely to bring down costs and improve service — wouldn’t some competition from Geico Health Insurance be a good thing? I can already imagine the commercials. Another proposal is to cap noneconomic damages in medical malpractice suits. Again, this seems like a no-brainer.

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Financial Regulation & Corporate Governance

A Disgusting Display of Bureaucratic Force from the Chicago Department of Public Health

Popular Media This is so vile, so disgusting that I am literally nauseated at my desk as I write. One of the ways that independent chefs, caterers . . .

This is so vile, so disgusting that I am literally nauseated at my desk as I write. One of the ways that independent chefs, caterers and confectioners economize on their substantial fixed costs is by sharing kitchens. In Chicago, the business license treatment of such kitchens from the Chicago Department of Public Health has been uncertain: does the kitchen owner have to be the one with the license, or does each user of the kitchen have to have a separate license?

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Innovation & the New Economy

Daubert and Antitrust Economics, Or When Should An Antitrust Economist Have Training in Economics?

TOTM Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in  Natchitoches Parish Hospital v. Tyco International recently came . . .

Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in  Natchitoches Parish Hospital v. Tyco International recently came across my desk.  It is an interesting case involving allegations that Covidien, a leading supplier of “sharps containers” used for the disposal of various needle-involving medical products (syringes, IVs, etc.) violated the antitrust laws with various market share discounting arrangements with buyers and exclusive dealing contracts with GPOs.   I’ve not been following this litigation very closely, which has now apparently survived summary judgment.  What caught my eye was a passage from the Daubert opinion to exclude Professor Einer Elhauge’s expert economic testimony on behalf of the plaintiff.  As an interesting side note, we’ve had occasion to opine ourselves on some of Professor Elhauge’s views on the related topic of loyalty discounts here.  If you’d like to get caught fully up to speed, read the briefs.  I’ll start you off with the motion to exclude , the opposition, and a declaration submitted by John Bates Clark Medal / Nobel Prize winner Daniel McFadden in support of the motion to exclude.

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Antitrust & Consumer Protection

Paul Krugman is a partisan hack

TOTM Occasionally I read Mr. Krugman’s column for entertainment purposes — sort of like watching Project Runway or Animals Gone Wild. This morning was one of . . .

Occasionally I read Mr. Krugman’s column for entertainment purposes — sort of like watching Project Runway or Animals Gone Wild. This morning was one of those occasions. The man is a partisan hack of the worst sort. Why does anyone take his political observations seriously?

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Innovation & the New Economy

Is the Intel/AMD Settlement Illegal?

TOTM So, AMD and Intel settled.  Its a case we’ve covered here in significant detail.  Terms haven’t been announced publicly.  AAI has predictably argued that the . . .

So, AMD and Intel settled.  Its a case we’ve covered here in significant detail.  Terms haven’t been announced publicly.  AAI has predictably argued that the settlement shouldn’t preclude further enforcement action from NY and the FTC.   The NY Times suggests the same.  They may be right, although Herb Hovenkamp, among others, has suggested that the settlement “has taken a lot of the wind out of the sails” of the FTC case.

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Antitrust & Consumer Protection