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I Do Not Think Those Words Mean What You Think They Mean

TOTM Here’s Henry Waxman on the federal government saving the newspapers from failing… Read the full piece here.

Here’s Henry Waxman on the federal government saving the newspapers from failing…

Read the full piece here.

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Antitrust & Consumer Protection

A Sarbox Update

TOTM From Larry Ribstein: A few years later, Henry Butler and I wrote a book decrying SOX, and discussing the evidence that was accumulating against it, . . .

From Larry Ribstein:

A few years later, Henry Butler and I wrote a book decrying SOX, and discussing the evidence that was accumulating against it, as well as the SOX suit. Here’s an excerpt from the book abstract…

Read the full piece here.

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Financial Regulation & Corporate Governance

Is Google or the government the problem?

TOTM Well, you probably know my answer to that one. I was interested to read Fred von Lohmann’s short take on the privacy aspects of the . . .

Well, you probably know my answer to that one.

I was interested to read Fred von Lohmann’s short take on the privacy aspects of the Google Books Settlement, available here.

Read the full piece here.

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Intellectual Property & Licensing

DOJ Disconnect: Do we really need a roadshow?

TOTM And now for something completely different. Being the only non-lawyer economist in the group seems to warrant such a preface sometimes. Read the full piece . . .

And now for something completely different. Being the only non-lawyer economist in the group seems to warrant such a preface sometimes.

Read the full piece here.

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Antitrust & Consumer Protection

A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance

TOTM My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created . . .

My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created by the Supreme Court’s 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. The Leegin Court held that instances of RPM must instead be evaluated under antitrust’s more lenient rule of reason. It also directed lower courts to craft a structured liability analysis for separating pro- from anticompetitive instances of the practice.

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Antitrust & Consumer Protection

Is the Intel/AMD Settlement Illegal?

TOTM So, AMD and Intel settled.  Its a case we’ve covered here in significant detail.  Terms haven’t been announced publicly.  AAI has predictably argued that the . . .

So, AMD and Intel settled.  Its a case we’ve covered here in significant detail.  Terms haven’t been announced publicly.  AAI has predictably argued that the settlement shouldn’t preclude further enforcement action from NY and the FTC.   The NY Times suggests the same.  They may be right, although Herb Hovenkamp, among others, has suggested that the settlement “has taken a lot of the wind out of the sails” of the FTC case.

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Antitrust & Consumer Protection

PeaceHealth and De Facto Exclusive Dealing, Part III

TOTM Josh’s thoughtful response (Bitchslap? Nah.) to my post criticizing the Ninth Circuit’s recent Masimo decision raises a number of important matters. I started to just . . .

Josh’s thoughtful response (Bitchslap? Nah.) to my post criticizing the Ninth Circuit’s recent Masimo decision raises a number of important matters. I started to just submit a comment to Josh’s post, but then I figured a reply was post-worthy. (I don’t want the antitrust nerds who read these technical posts — and here’s to you, dweeby friends! — to miss the discussion.)

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Antitrust & Consumer Protection

Gelbach, Helland and Klick on Single Firm, Single Event Studies

TOTM Larry Ribstein points to the new paper from Gelbach, Helland and Klick on Valid Inference in Single Firm, Single Event Studies.  This is an important . . .

Larry Ribstein points to the new paper from Gelbach, Helland and Klick on Valid Inference in Single Firm, Single Event Studies.  This is an important paper with implications for finance, securities litigation and antitrust where event studies are frequently used as economic expert evidence.  Ribstein gives a good, non-technical explanation of its contribution…

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Antitrust & Consumer Protection

Hayek and the Fall of the Wall

TOTM As we reflect back on the remarkable events of twenty years ago, and as we witness more and more centralized economic planning in our own . . .

As we reflect back on the remarkable events of twenty years ago, and as we witness more and more centralized economic planning in our own society, we should pause to remember what the fall of the wall revealed.

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Innovation & the New Economy