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More on Letter of Intent and Release Bargaining

TOTM Last month I highlighted the story of DeMarcus Cousins, a blue chip high school basketball recruit who was playing a game of chicken with the . . .

Last month I highlighted the story of DeMarcus Cousins, a blue chip high school basketball recruit who was playing a game of chicken with the University of Alabama-Birmingham (UAB) over signing his National Letter of Intent — the letter that commits a player to attend the university and imposes the penalty of giving up a full year of eligibility if the student-athlete transfers.  Cousins claims that he stayed near home and UAB to play for former Indiana University coach Mike Davis who had allegedly represented to Cousins that UAB would release Cousins without penalty if Davis was no longer his coach.  Cousins has been holding out to try to bargain for this term in his NLI.  Nothing new there — though if anybody has information on the follow-up story there I’d love to hear it.

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Is Antitrust Too Complicated for Generalist Judges?

TOTM One of the highlights of my recent time as Scholar in Residence at the Federal Trade Commission was the opportunity to work with some of . . .

One of the highlights of my recent time as Scholar in Residence at the Federal Trade Commission was the opportunity to work with some of the brightest minds around on antitrust issues on investigations and policy projects as well some academic projects.  The subject of this post is one of those academic projects.  Motivated by the conventional wisdom that the technical demands placed on federal courts in antitrust cases in terms of evaluating expert economic and econometric evidence has increased substantially over the last twenty years or so, Former Bureau of Economics Director (now returned the Kelley School of Business at Indiana University) Mike Baye and I decided to try to take a swing at measuring the empirical effects of economic complexity of judicial decision-making in antitrust litigation.

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Antitrust & Consumer Protection

Presenting Complex Economic Theories to Judges

TOTM This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges . . .

This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges and issues facing competition authorities and judges deciding complex antitrust cases on the basis of complex economic evidence. Here is one excerpt from the U.S. submission that caught my eye…

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Antitrust & Consumer Protection

Interim Final Rules Amending Parts III and IV Rules of FTC Rules of Practice Issued

TOTM The FTC announced today that it has approved a notice adopting interim final rules amending Parts III and IV of its rules of practice. As . . .

The FTC announced today that it has approved a notice adopting interim final rules amending Parts III and IV of its rules of practice. As boring as that sound, this is a big deal. Here is the Federal Register notice. There are a number of changes, for instance, deadlines are imposed to expedite the pre-hearing phase such that the evidentiary hearing will be held five months from the date of complaint in cases in which the FTC is seeking a preliminary injunction under 13(b) and eight months otherwise. The proposed rules generated quite a bit of public comment. As one can imagine, Whole Foods is a vocal opponent to these rule changes.

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Antitrust & Consumer Protection

No Ovation for FTC’s Latest Enforcement Theory

TOTM The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District . . .

The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release…

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Antitrust & Consumer Protection

Price Discrimination is Good, Part 3

TOTM At Knowledge Problem, Michael Giberson collects anecdotal evidence on New York’s zone pricing ban, i.e. a prohibition on price discrimination. While gasoline prices are falling . . .

At Knowledge Problem, Michael Giberson collects anecdotal evidence on New York’s zone pricing ban, i.e. a prohibition on price discrimination. While gasoline prices are falling all over the country, the anecdotal evidence is that New York’s zone pricing ban is resulting in higher profits for retailers at the expense of consumers. Former George Mason economist (now at Chapman with Vernon Smith) Bart Wilson and Cary Deck have a fascinating experimental paper on the impact of zone pricing which anticipates this result. Of course, most economists agree that zone pricing benefits consumers.

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Antitrust & Consumer Protection

Kolasky on What Happens with the Section 2 Report

TOTM William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust . . .

William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust Source on the DOJ Section 2 Report arguing that while…

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Antitrust & Consumer Protection

Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

TOTM From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link . . .

From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link between product market competition and productivity…

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Antitrust & Consumer Protection

Law and Economics 2.0

TOTM Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am . . .

Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here).  Legal Pad (at CNN/Fortune Magazine) announces the Kauffman Foundations plan to reinvigorate a “new” version of law and economics aimed at a new focus on static efficiency to innovation and economic growth…

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Intellectual Property & Licensing