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Reminder: TOTM Symposium on Behavioral Law and Economics Next Week

TOTM Come check it out.  In addition to the TOTM bloggers, here is the list of confirmed participants (with more TBA …) Read the full piece . . .

Come check it out.  In addition to the TOTM bloggers, here is the list of confirmed participants (with more TBA …)

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Financial Regulation & Corporate Governance

The EU tightens the noose around Google

TOTM Here we go again.  The European Commission is after Google more formally than a few months ago (but not yet having issued a Statement of . . .

Here we go again.  The European Commission is after Google more formally than a few months ago (but not yet having issued a Statement of Objections).

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Antitrust & Consumer Protection

More on EchoStar’s questionable litigation tactics

TOTM The day before yesterday I posted on the fascinating and important TiVo v. EchoStar case.  Today I wanted to follow up with some, let’s say, . . .

The day before yesterday I posted on the fascinating and important TiVo v. EchoStar case.  Today I wanted to follow up with some, let’s say, color commentary on EchoStar’s litigation tactics.  This isn’t dispositive, of course, but it does seem to add some insight into the notion that EchoStar is taking advantage of questionable litigation tactics rather than respecting property rights in its dealings with TiVo.

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Intellectual Property & Licensing

What’s An Internet Monopolist? A Reply to Professor Wu

TOTM We’ve been reading with interest a bit of an blog squabble between Tim Wu and Adam Thierer ( see here and here) set off by . . .

We’ve been reading with interest a bit of an blog squabble between Tim Wu and Adam Thierer ( see here and here) set off by Professor Wu’s WSJ column: “In the Grip of the New Monopolists.”  Wu’s column makes some remarkable claims, and, like Adam, we find it extremely troubling.

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Antitrust & Consumer Protection

TiVo v. EchoStar: A study in abusing the courts instead of just respecting the patent

TOTM On November 9, the en banc US Court of Appeals for the Federal Circuit heard oral arguments in an extremely important patent infringement case (mp3 . . .

On November 9, the en banc US Court of Appeals for the Federal Circuit heard oral arguments in an extremely important patent infringement case (mp3 of oral argument here). Hanging in the balance are the very incentives for technological innovation and the seeds of economic progress. The arguments made in the case by the infringer, EchoStar, would have the effect of reducing the certainty and thus the efficacy of patent rights by weakening the ability of the courts to define and enforce patents clearly, quickly and efficiently. While for some commentators this is probably a feature, and not a bug, of EchoStar’s position, I find its stance and its claims to be extremely troublesome.

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Intellectual Property & Licensing

Investor-Protective Analysis or Illegal Insider Trading?

TOTM The Wall Street Journal is reporting that the Feds (the SEC, the FBI, and federal prosecutors in New York) are about to bring a host of insider trading . . .

The Wall Street Journal is reporting that the Feds (the SEC, the FBI, and federal prosecutors in New York) are about to bring a host of insider trading charges “that could ensnare consultants, investment bankers, hedge-fund and mutual-fund traders and analysts across the nation.”  The authorities, which have been investigating the situation for three years, are boasting that their criminal and civil probes “could eclipse the impact on the financial industry of any previous such investigation.”

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Financial Regulation & Corporate Governance

Carl Shapiro on BCBS and the New Merger Guidelines

TOTM Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers.  The first is a discussion . . .

Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers.  The first is a discussion of the DOJ’s case against Blue Cross Blue Shield, which as discussed here, turns on an economic analysis of the use of most-favored nations clauses in contractual arrangements with hospitals…

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Antitrust & Consumer Protection

Will Leegin Return to the SCOTUS?

TOTM The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price . . .

The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price maintenance, remanded the case to the district court to consider claims under the new rule of reason analysis.  On remand, PSKS filed a second amended complaint alleging that independent retailers were involved in the enforcement of Leegin’s RPM scheme and that Leegin (as a participant at the retail level) agreed on the price of Brighton goods.   The second amended complaint also asserted Brighton goods as a single brand market.

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Antitrust & Consumer Protection

Fair Search’s Google-ITA Video

TOTM A link to the video is available here. The video has all of the standard ingredients of a competitor complaint:  (1) a slogan (“Stand with . . .

A link to the video is available here.

The video has all of the standard ingredients of a competitor complaint:  (1) a slogan (“Stand with Bob”), (2) anti-corporate rhetoric (“Freedom not Google Profit!”), and (3) appeals to provocative statements from a CEO.   Meanwhile, Google rivals have also turned their attention to Congress.  I suppose the video format is new.

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Antitrust & Consumer Protection