Showing 8 of 179 Publications in Vertical Restraints & Self-Preferencing

Evaluating Leegin

TOTM Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly . . .

Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly weak dissent from Justice Breyer. As we’ve noted over and over here at TOTM, the death of Dr. Miles is clearly the right outcome judged based upon the underlying antitrust fundamentals. As Thom and I have pointed out in various posts on RPM here at TOTM, the evidence overwhelmingly suggests that anticompetitive RPM is much talked about but rarely observed or documented. Given that the bulk of the contemporary evidence on RPM suggests that it is largely pro-competitive, I must admit that I was surprised by Tyler Cowen’s “casual guess” in a post at the VC that >50% of RPM are associated with attempts to collude.

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Antitrust & Consumer Protection

A New Defense of the Per Se Prohibition Against RPM?

TOTM Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense . . .

Professor Sokol points to this paper by Ittai Paldor (an SJD student at U. Toronto) which Sokol points out qualifies as the rarely observed defense of the per se rule against RPM.

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Antitrust & Consumer Protection

Majoras Responds to Conyers Regarding Leegin

TOTM There’s just so much paper going back and forth on Leegin that it’s hard to keep up. In addition to various briefs and commentaries and . . .

There’s just so much paper going back and forth on Leegin that it’s hard to keep up.

In addition to various briefs and commentaries and Commissioner Harbour’s de facto brief (also discussed here), there has been some interesting correspondence between Rep. Conyers, Chair of the House Committee on the Judiciary, and Deborah Platt Majoras, Chair of the FTC.

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Antitrust & Consumer Protection

Bye Bye, Dr. Miles.

TOTM So it looks like Dr. Miles is going down. That’s a good thing. For non-antitrusters, Dr. Miles is a 1911 Supreme Court decision holding that . . .

So it looks like Dr. Miles is going down. That’s a good thing.

For non-antitrusters, Dr. Miles is a 1911 Supreme Court decision holding that “minimum vertical resale price maintenance” is per se illegal — that is, automatically illegal without inquiry into the practice’s actual effect on competition. Minimum vertical resale price maintenance (or “RPM”) occurs when a manufacturer requires dealers who sell its product to charge no less than a set price for that product. For example, Ford might require its dealers to charge at least $30,000 for an Explorer.

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Antitrust & Consumer Protection

AEI/Brookings Antitrust Volume

TOTM The AEI and Brookings have released a volume entitled “Antitrust Policy and Vertical Restraints.”  You can check out the contents here, and it is available . . .

The AEI and Brookings have released a volume entitled “Antitrust Policy and Vertical Restraints.”  You can check out the contents here, and it is available for purchase here.

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Antitrust & Consumer Protection

Antitrust Canons

TOTM Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe . . .

Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship.  My long, but embarrassingly underinclusive list, is below the fold.  In particular, I have left out a good deal of more technical economics scholarship (though some appears on the list): the literature on merger simulation, post-Chicago models on specific vertical practices, nothing on immunities or exemptions, federalism, etc.

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Intellectual Property & Licensing

Case Studies & Empirical Scholarship

TOTM I am heading to Harvard tomorrow for a conference, hosted by the Harvard Negotiation Law Review, on the value of case studies and the role . . .

I am heading to Harvard tomorrow for a conference, hosted by the Harvard Negotiation Law Review, on the value of case studies and the role of lawyers in deal making. Vic at the Glom has blogged about the conference here. The conference is organized around Vic Fleischer’s case study on the MasterCard IPO, and David Millstone & Guhan Subramanian’s study of the Oracle/Peoplesoft takeover bid

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Antitrust & Consumer Protection

Social Networks and Vertical Integration

TOTM My friend and co-author, Wes Hartmann (Stanford Graduate School of Business) has posted a very interesting paper with Ricard Gil (UC Santa Cruz Economics) entitled, . . .

My friend and co-author, Wes Hartmann (Stanford Graduate School of Business) has posted a very interesting paper with Ricard Gil (UC Santa Cruz Economics) entitled, “Airing your Dirty Laundry: Social Networks, Reputational Capital, and Vertical Integration.” As the title implies, Hartmann and Gil examine the role of social networks (ethnic-based networks in this case) on the “make or buy” decision. The abstract is here…

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Innovation & the New Economy