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…

Read the full piece here. 

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.

Read the full piece here. 

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.

Read the full piece here. 

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.

Read the full piece here. 

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

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So, let me get this straight. We’re in a major recession triggered by a collapse in the housing market, itself the inevitable result of government policies, led by Fannie Mae and Freddie Mac, to get the wrong loans to the wrong people so they could buy the wrong houses. The Obama Administration’s remedy is not to let Fannie and Freddie die a long-overdue and merciful death, but to prop them up, to give them additional powers, and to subsidize private mortgage lenders who extend yet more credit to more borrowers who can’t pay it back, thus making what might have been a temporary misallocation of the housing stock into a permanent one. Brilliant!

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As I noted elsewhere yesterday, the “stimulus” bill making its way through Congress is a fine illustration of the Higgs effect, the tendency of government to expand massively in response to “crises,” real or imagined. Naomi Klein’s “Disaster Capitalism” thesis is exactly backward: “disasters” are inevitably followed by huge increases in the public sector at the expense of the private. Anyway, if you have any doubt that the current legislation has precious little to do with economic stimulus, consider the details of the House’s proposed $825 billion package, which includes:

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Yesterday I criticized Brad DeLong for, essentially, acting like a child. Today I want to draw attention to three posts from Brad DeLong–in none of which does he act like a child.

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On Thursday President-elect Obama named law professor Cass Sunstein to head the Office of Information and Regulatory Affairs, an executive-branch office with the mission of analyzing and coordinating federal regulation. Most recently, Sunstein is known for his work with Richard Thaler on “choice architecture” and behavioral public policy, including their book Nudge.

Read the full piece here.