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Varney on RPM

TOTM I just saw this very good piece in The Deal from Sean Gates and Tej Srimushnam (Morrison & Foerster) on what Christine Varney’s appointment to . . .

I just saw this very good piece in The Deal from Sean Gates and Tej

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Antitrust & Consumer Protection

“Equilibrium Decadence” in Law and Economics?

TOTM Here is Justin Wolfers discussing what Paul Krugman has called “equilibrium decadence” in the context of the current macro debate… Read the full piece here.

Here is Justin Wolfers discussing what Paul Krugman has called “equilibrium decadence” in the context of the current macro debate…

Read the full piece here.

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Why the Supreme Court was Correct to Deny Cert in Rambus

TOTM As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response . . .

As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response to the arguments set forth in the Commission petition.  I recently expanded the blog post into a short essay which I’ve posted on SSRN.  It will also be available in a few weeks at Global Competition Policy.

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Antitrust & Consumer Protection

Hello Chairman Leibowitz; Goodbye Chairman Kovacic

TOTM Here’s the press release. Congratulations to Chairman-to-be Leibowitz. I also note that this marks the end of Chairman’s Kovacic’s reign at the Commission. On a . . .

Here’s the press release. Congratulations to Chairman-to-be Leibowitz.

I also note that this marks the end of Chairman’s Kovacic’s reign at the Commission. On a personal note, I had the pleasure of working for the Chairman during my stint as the FTC Scholar in Residence and consider myself extremely fortunate to have had the opportunity.

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Antitrust & Consumer Protection

Unquestionably Correct?

TOTM An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case . . .

An anonymous reader reminds me of the FTC Statement from Commissioners Harbour, Leibowitz and Rosch (but not Chairman Kovacic, who was recused) making the case against certiorari in Linkline…

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Antitrust & Consumer Protection

Linkline Decision is Unanimous

TOTM The opinion is available here.  Yet another super-majority Roberts Court antitrust decision applying consensus economic theory.  No more price squeeze claims.  Alcoa is not overturned.  . . .

The opinion is available here.  Yet another super-majority Roberts Court antitrust decision applying consensus economic theory.  No more price squeeze claims.  Alcoa is not overturned.  The Court declares that the price-squeeze claim in the absence of a duty to deal can be handled jointly by a straightforward application of Trinko and Brooke Group to the wholesale and retail prices at issue, respectively.  There is also an extended discussion of the common pitfalls of the application of antitrust as price regulation.

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Antitrust & Consumer Protection

Competitive Resale Price Maintenance in the Absence of Free-Riding

TOTM I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same . . .

I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same title as this post, is lucidly written (blissfully free of equations, Greek letters, etc.) and makes a point that, at this juncture in antitrust’s history, is absolutely crucial.

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Antitrust & Consumer Protection

DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs

TOTM Predicting what antitrust enforcement regimes in the current economic environment is a tricky business.  I’ve done my best here.  One probably cannot think of a . . .

Predicting what antitrust enforcement regimes in the current economic environment is a tricky business.  I’ve done my best here.  One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the panel audio at the link).  I had an RA transcribe Varney’s remarks so please note that all remarks attributed as quotations here may not be exact.

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Antitrust & Consumer Protection

Bittlingmayer and Hazlett on the Stimulus

TOTM George Bittlingmayer (University of Kansas) and my colleague Tom Hazlett look at the market response to the stimulus and find it none too enthusiastic… Read . . .

George Bittlingmayer (University of Kansas) and my colleague Tom Hazlett look at the market response to the stimulus and find it none too enthusiastic…

Read the full piece here.

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