Showing 9 of 1759 Publications in Antitrust & Consumer Protection

The ABA, the AALS, and the Rule of Law

TOTM In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed . . .

In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed revision to its law school accreditation standards concerning student and faculty racial diversity. Bernstein criticized the ABA proposal for, in essence, calling on law schools to ignore constitutional and statutory provisions governing the use of racial preferences in admissions and hiring. Indeed, the revision’s interpretive guidelines (which apparently carry the same weight as the standards themselves) state that…

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Antitrust & Consumer Protection

Grimes on the KFTC’s Microsoft Decision

TOTM Warren Grimes of the American Antitrust Institute (and Southwestern Law School) defends the Korea Fair Trade Commission’s recent Microsoft decision holding that Microsoft abused its . . .

Warren Grimes of the American Antitrust Institute (and Southwestern Law School) defends the Korea Fair Trade Commission’s recent Microsoft decision holding that Microsoft abused its dominant position by bundling Instant Messenger and Windows Media Player technologies to its operating system, and its order that Microsoft must sell unbundled versions. Grimes central point is that not we should expect such divergent views in an antitrust environment of “world federalism,” but on that the KFTC was in good company in viewing Microsoft’s bundling practices as anticompetitive.

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Antitrust & Consumer Protection

New antitrust blawg

TOTM It’s called Antitrust Review. It’s the result of a merger between the antitrust division of Law & Society Blog and (Anti-)Trust Me, both original members . . .

It’s called Antitrust Review. It’s the result of a merger between the antitrust division of Law & Society Blog and (Anti-)Trust Me, both original members of our ultra-exclusive blogroll. Here’s what Hanno Kaiser, one of the blog’s founders, and a friend and former colleague of mine, says about the blog…

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Antitrust & Consumer Protection

Antitrust Law and Competition for Distribution

TOTM Thom recently posted about Judge Alito’s comments on the recent Lepage’s decision involving bundled discounts offered to retailers. There is presently much debate among antitrust . . .

Thom recently posted about Judge Alito’s comments on the recent Lepage’s decision involving bundled discounts offered to retailers. There is presently much debate among antitrust scholars regarding the proper treatment of “above-cost” price cuts, such as the bundled discounts in Lepage’s. The anticompetitive theory in these cases is not that discounts mask what is effectively “predatory pricing.” Rather, the theory is that the payments will deprive rivals from achieving minimum efficient scale for a period of time long enough to prohibit meaningful competition.

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Antitrust & Consumer Protection

Taking Maytag and Whirlpool to the cleaners

TOTM Christine blogs about the Whirlpool-Maytag merger and its antitrust problems. Law Blog has the story, as well. Both mention the American Antitrust Institute which opposes . . .

Christine blogs about the Whirlpool-Maytag merger and its antitrust problems. Law Blog has the story, as well. Both mention the American Antitrust Institute which opposes (vehemently) the merger.

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Antitrust & Consumer Protection

Correcting "The Ethicist" on Insider Trading

TOTM In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist… Read the full piece here.

In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist…

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Financial Regulation & Corporate Governance

An Antitrust Modernization Committee Update

TOTM For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, . . .

For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, the AMC was created by the Antitrust Modernization Committee Act of 2002, and is charged with the following tasks:

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Antitrust & Consumer Protection

Coase and Smoking: Who’s the Victim Here?

TOTM Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently . . .

Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently criticized the ban at Ideoblog.) The proprietors of the Marshall McGearty Tobacco Lounge insist that the lounge is permitted because of a loophole allowing smoking in retail tobacco shops. Not surprisingly, Chicago’s anti-smoking zealots are seeking to shut down the business, which they say violates the intent of the anti-smoking ordinance.

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Antitrust & Consumer Protection

Of Prices and Price Gouging

TOTM Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. . . .

Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. Becker and Posner make the now familiar economic case against PGRs here and here. The basic economic argument against PGRs is well tread ground which I will not repeat here. Suffice it to say, however, that the economic logic has not been sufficient to win the day with state legislatures for one reason or another. According to Federal Trade Commission Chairman Majoras’ Statement to Congress, at least 28 states currently have statutes that provide remedies for short term price spikes in the aftermath of a disaster. For example, Eliot Spitzer recently penned a new bill updating NY’s PGR to trigger upon a 25% markup rather than a “gross disparity” between cost and price. Some of the failure is for obvious reasons.

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Antitrust & Consumer Protection