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TOTM What do the midterm election results mean for antitrust, if anything? According to the American Antitrust Institute, not much… Read the full piece here.
What do the midterm election results mean for antitrust, if anything? According to the American Antitrust Institute, not much…
Read the full piece here.
TOTM Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge . . .
Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de Araujo (SDE, Brazil), and Donald Klawiter (Sheppard Mullin). The comments are interesting and agree and disagree with a variety of features of the Ginsburg & Wright proposal for even further (but not completely) shifting the focus of antitrust sanctions from the corporation toward responsible individuals, and adding debarment to the cartel enforcement toolkit.
TOTM The FTC settlement with Intel has been finalized with one change the Commission’s press release describes as follows… Read the full piece here.
The FTC settlement with Intel has been finalized with one change the Commission’s press release describes as follows…
TOTM We’ve discussed the all too common tactic in antitrust of rivals complaining to government agencies to get them to bring antitrust complaints. There is nothing . . .
We’ve discussed the all too common tactic in antitrust of rivals complaining to government agencies to get them to bring antitrust complaints. There is nothing particularly special about this tactic. As I’ve pointed out in the context of allegations by Microsoft and Microsoft-supported rivals of Google, conventional economic reasoning suggests that, without more, complaints from rivals should be viewed with skepticism…
Popular Media The view that small and new firms create a disproportionate share of new jobs is one of the most important stylized facts of the entrepreneurship . . .
The view that small and new firms create a disproportionate share of new jobs is one of the most important stylized facts of the entrepreneurship literature. But, as always, the devil is in the details. Small and new firms naturally grow at a faster rate than their large, mature counterparts, ceteris paribus, simply because they have few employees to start with. But they differ on a number of other grounds and have a higher hazard rate. What’s the bottom line?
TOTM Leah Brannon and co-author Kathleen Bradish, both of Cleary Gottlieb Steen & Hamilton, offer a skeptical view… Read the full piece here.
Leah Brannon and co-author Kathleen Bradish, both of Cleary Gottlieb Steen & Hamilton, offer a skeptical view…
TOTM This should be an interesting case to watch. As I’ve discussed, if one excludes policy speeches and restricts focus to enforcement action and activity, it . . .
This should be an interesting case to watch. As I’ve discussed, if one excludes policy speeches and restricts focus to enforcement action and activity, it has been thus far difficult to distinguish the Obama Antitrust Division from the Bush II Antitrust Division when it comes to single firm or allegedly exclusionary conduct. But the DOJ’s recent announcement of case against Blue Cross Blue Shield of Michigan looks like the DOJ’s first major “exclusionary” conduct case — despite the fact that it is brought under Section of the Sherman Act rather than Section 2 (there is also a state antitrust law claim).
TOTM In response to a week with what the NFL perceives to be a large number of tackles causing injury, the league is ready to announce . . .
In response to a week with what the NFL perceives to be a large number of tackles causing injury, the league is ready to announce a new policy in which players will be suspended for certain hits the league deems to dangerous or too likely to cause injury. This is a change from the NFL’s former policy in which the default rule was to impose a fine on players.
TOTM In a policy speech earlier this year, Commissioner J. Thomas Rosch of the Federal Trade Commission advocating the incorporation of behavioral economics into antitrust analysis . . .
In a policy speech earlier this year, Commissioner J. Thomas Rosch of the Federal Trade Commission advocating the incorporation of behavioral economics into antitrust analysis suggested one concern that others might have with the approach was that “behavioral economics was simply liberalism masquerading as economic thinking.” The Commissioner himself has been a vocal proponent of incorporating insights from behavioral economics into antitrust, as has already been done in the consumer protection realm (see, e.g. CFPB). Indeed, with Cass Sunstein’s appointment at OIRA, the recent creation of a “Nudge” team in David Cameron’s Cabinet (aka “behavioral insight team”) in the UK, the CFPB, and the calls from at least one Federal Trade Commissioner to modify antitrust analysis suggest the behavioral regulatory regime is no longer right around the corner; it has arrived.
