Showing 9 of 1634 Publications in Antitrust

An Antitrust Trifecta

TOTM From Hanno Kaiser at the excellent Antitrust Review on a wide range of antitrust issues and events. Here is a brief tour through the trio . . .

From Hanno Kaiser at the excellent Antitrust Review on a wide range of antitrust issues and events. Here is a brief tour through the trio and some initial reactions…

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Antitrust & Consumer Protection

New paper: Missed Opportunities in Independent Ink

TOTM My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous . . .

My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous court in Independent Ink rid antitrust law of the misguided, ill conceived, and universally criticized presumption of antitrust market power in patent tying cases. Very few dispute the wisdom of the Court’s decision. So what is there left to say about it?

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Antitrust & Consumer Protection

Kinderstart Antitrust Claims Dismissed … For Now …

TOTM Google’s motion to dismiss Kinderstart’s claims has been granted with leave to amend all claims. Eric Goldman provides commentary, thoughts on the defamation claim, and . . .

Google’s motion to dismiss Kinderstart’s claims has been granted with leave to amend all claims. Eric Goldman provides commentary, thoughts on the defamation claim, and a link to the court’s order. As far as the antitrust claims go, I commented here that Google’s motion was likely to prevail…

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Antitrust & Consumer Protection

The Unconvincing Antitrust Case Against Wal-Mart

TOTM I recently picked up a copy of the July Harper’s Magazine to read an essay by Barry C. Lynn entitled, “Breaking the Chain: The Antitrust . . .

I recently picked up a copy of the July Harper’s Magazine to read an essay by Barry C. Lynn entitled, “Breaking the Chain: The Antitrust Case Against Wal-Mart.” If you can’t tell from the title, the basic point is that antitrust authorities should break up Wal-Mart and put an end to the immense havoc that the retail giant has caused the economy. There is very little in the way of actual analysis in the article. It is mostly hand waving about retail consolidation without economic coherence, with some dramatic parade-of-horribles-type hyberbole mixed in.

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Antitrust & Consumer Protection

Kinderstart v. Google Antitrust Coverage

TOTM Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner . . .

Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner that caused Kinderstart’s ranking to drop and revenues to plunge. HT: Antitrust Review. Eric Goldman has got this covered, including links to the complaint, analysis, Google’s motion to dismiss and related briefs, and the oral argument transcripts. The briefs and transcripts (antitrust arguments by Jonathan Jacobson at Wilson Sonsini) are well worth reading on the antitrust points.

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Antitrust & Consumer Protection

Supremes Take New Antitrust Cases

TOTM Hanno Kaiser at the Antitrust Review reports (courtesy of the ABA listserv) that SCOTUS has granted cert in Weyerhauser (predatory buying) and Twombly (pleading standards), . . .

Hanno Kaiser at the Antitrust Review reports (courtesy of the ABA listserv) that SCOTUS has granted cert in Weyerhauser (predatory buying) and Twombly (pleading standards), but not Schering-Plough (reverse payments).

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Antitrust & Consumer Protection

DOJ Asks Court to Hold ABA in Civil Contempt

TOTM The press release is here. The petition alleges that the ABA violated at least six provisions of the 1996 antitrust consent decree, which was otherwise . . .

The press release is here. The petition alleges that the ABA violated at least six provisions of the 1996 antitrust consent decree, which was otherwise scheduled to expire on June 25th, and was filed along with a stipulation and proposed order in which the ABA acknowledges these violations and agrees to pay $185,000 in fees and costs.

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Antitrust & Consumer Protection

The FTC Takes On the DOJ in Schering-Plough

TOTM There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from . . .

There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from a branded pharmaceutical manufacturer to a generic to delay entry (a “reverse payment”).

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Antitrust & Consumer Protection

Robinson-Patman Act Repealed!

TOTM Ok, not really. But the Antitrust Modernization Committee voted overwhelmingly in favor to repeal the Act (HT: Antitrust Review). Apparently, nine Commissioners voted in support . . .

Ok, not really. But the Antitrust Modernization Committee voted overwhelmingly in favor to repeal the Act (HT: Antitrust Review). Apparently, nine Commissioners voted in support of a the statement: “that Congress should repeal the Act in its entirety” on the grounds that: (1) the Act does not serve any purposes not already served by the Sherman Act, and (2) the Act is a net cost to consumers and competition. Though I doubt that Congress will accept the AMC’s invitation to act on behalf of consumers and repeal the Act, this the right result.

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Antitrust & Consumer Protection