Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.]

Leegin, as regular TOTM readers know, will test the continued vitality of Dr. Miles, the 1911 decision making it per se illegal for manufacturers and retailers to agree on minimum retail prices for the manufacturers’ products. I have previously argued (here and here) that such “vertical resale price maintenance,” or “VRPM”, should not be automatically illegal and that Dr. Miles should be overruled. Based on his upcoming eCCP presentation, I believe Josh agrees. He may, however, be reluctant to go head-to-head with a commissioner since he’s now a scholar-in-residence at the FTC.

Read the full piece here. 

Thursday night I will be speaking at a dinner and discussion sponsored by the eSapience Center for Competition Policy (eCCP) on the pending Leegin decision and the application of per se rules to minimum RPM.

Read the full piece here.

Jonathan Baker (American) has a very interesting paper on a very hot topic in antitrust nowadays: the role of antitrust regulation in innovation. The title is “Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation.”

Read the full piece here.

Justice Thomas’ opinion is available here.

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There is some antitrust buzz in the air after Steve Job’s “Thoughts on Music,” which discussed the possibility of eliminating DRM entirely. The real antitrust story, I suspect, is whether the rather transparent attempt to shift the gaze of regulators fixated on the iPod/iTunes combo to the big four’s “refusal” to go DRM-free will have any success. Antitrust Review has covered these issues at length, and Randy Picker chimes in as well. So does Frank Pasquale , who applauds the Norwegian antitrust attack on Apple and suggests that Apple adopt a “true interoperability” approach which “would likely lead to a boom in the sale of both digital music players and music.”

Read the full piece here. 

Representative Kucinich has announced that the House Oversight and Government Reform Domestic Policy Subcommittee will be launching an investigation into “a variety of marketplace issues including monopolies in the grocery industry.” HT: AntitrustProf Blog. Hearings are apparently tentatively scheduled for mid-month. What is the committee looking for? Just about anything.

Read the full piece here.

Securities fraud class-actions are down. In an op-ed in yesterday’s WSJ, Joseph Grundfest observed that both the number of such actions and the dollar value of total damages claims have dropped dramatically since mid-2005. Why has this decline occurred? Grundfest considers several possible reasons.

Read the full piece here. 

The tentative recommendations of the Antitrust Modernization Committee are out, and include Commissioner vote counts for various propositions. The recommendations largely take the form of propositions that the AMC Commissioners joined, did not join, or were undetermined. Here are a few that caught my eye on an initial read-through (note that 2-5 apply to merger analysis).

Read the full piece here. 

The FTC announced this week perhaps its best decision since . . . well, ever.

Read the full piece here.