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More Thoughts on Free Market Orthodoxy in Antitrust

TOTM In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of . . .

In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of law and economics. In response to the post, an anonymous TOTM reader emails the following related, and probably more interesting, questions: “is there a free market orthodoxy amongst (1) legal commentators and (2) the Supreme Court?”

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Antitrust & Consumer Protection

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

Whole Foods: Where’s the [premium, natural and organic] beef?

TOTM John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that . . .

John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action.  But most amazing of all is this comment…

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Antitrust & Consumer Protection

Reflections on the GMU/Microsoft Conference

TOTM As you may know, this past Friday we (Geoff and Josh) organized the inaugural GMU/Microsoft Conference on the Law and Economics of Innovation. Overall, we . . .

As you may know, this past Friday we (Geoff and Josh) organized the inaugural GMU/Microsoft Conference on the Law and Economics of Innovation. Overall, we were extremely pleased with our first entry in this conference series, The Regulation of Innovation and Economic Growth. We had about 130 register for the conference, including many high level FTC and DOJ officials, academics, and industry representatives. In the end we had about 95 attendees. We also hosted a dinner for about 45 Washington VIPs (several FTC folks, a federal judge, prominent attorneys, representatives from USTR and Commerce, etc.) the evening before at Citronelle. A good time and good conversation were had by all.

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Antitrust & Consumer Protection

GMU/ Microsoft Innovation Forum Next Week!

TOTM As Geoff noted the other day, The First Annual GMU / Microsoft Annual Conference on the Law and Economics Innovation is now just one week . . .

As Geoff noted the other day, The First Annual GMU / Microsoft Annual Conference on the Law and Economics Innovation is now just one week away. It will be Friday, May 4th at GMU Law from 9 am to 4pm. This year’s topic is “The Regulation of Innovation and Economic Growth.” Conference papers and discussion will focus on the innovative process itself and the question of how regulation, particularly antitrust and intellectual property regimes, might foster or impede growth.

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Intellectual Property & Licensing

AMC Releases Tentative Recommendations

TOTM 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 . . .

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).

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Intellectual Property & Licensing

Manne on Shareholder Democracy

TOTM Henry Manne is back with another article in the WSJ.  This time Manne goes toe-to-toe with the “corporate democrats.” Read the full piece here. 

Henry Manne is back with another article in the WSJ.  This time Manne goes toe-to-toe with the “corporate democrats.”

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Financial Regulation & Corporate Governance

Update on the Costs of Regulating Inequality

TOTM Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument :

Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument…

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Intellectual Property & Licensing

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