Yochai Benkler’s The Wealth of Networks is a comprehensive, informative, and challenging meditation on the rise of the “networked information economy” and its implications for society, politics, and culture. Benkler, the Lillian R. Berkman Professor of Entrepreneurial Studies at the Harvard Law School, is a leading authority on the law, economics, and politics of networks, innovation, intellectual property, and the Internet, and he puts his wide knowledge and deep understanding to good use. He argues that the digital revolution is more revolutionary than has been recognized, even by its most passionate defenders. The new information and communications technologies do not simply make the old ways of doing things more efficient, but also support fundamentally new ways of doing things. In particular, the past few years have seen the rise of social production, a radically decentralized, distributed mode of interaction that Benkler calls “commons-based peer production.”

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Price discrimination involves a firm taking advantage of different elasticities of demand for the same goods by charging different prices relative to marginal cost. Price discrimination is ubiquitous in our economy but remains a four letter word in policy and regulation circles. We observe price discrimination in all sorts of product markets, from small and large firms, and in marketing strategies from brick and mortar to Web 2.0. Its economic definition is relatively straightforward and it is a concept, unlike the complex models and explanations for some business practices in the modern economics literature, that is intuitive for everyday consumers. Airlines charge reduced fares for children or require Saturday stayovers in order to exclude business purchasers. We see this type of price discrimination every day in grocery stores, gas stations, movie theaters, online retail websites, and bookstores. It also exists in markets with which every day consumers might be less familiar, e.g. the tying of ink and printers.

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The press release is here.  The petition is here.  The questions presented, as framed by the Commission are:

1. Whether deceptive conduct that significantly contributes to a defendant’s acquisition of monopoly power violates Section 2 of the Sherman Act.

2. Whether deceptive conduct that distorts the competitive process in a market, with the effect of avoiding the imposition of pricing constraints that would otherwise exist because of that process, is anticompetitive under Section 2 of the Sherman Act.

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I had the pleasure last week of participating in a bailout panel at William & Mary Law School. The William & Mary Federalist Society, which hosted the event, asked each panelist to address three topics: what led to the current situation, how the bailout plan will (or won’t) fix things, and suggestions for implementing a bailout plan. I’ve already blogged a bit about the first two topics — here I speculate on one of the causes of the mess (Fannie/Freddie); here I discuss the original (“buy troubled assets”) versus revised (“inject capital directly into financial institutions”) bailout plans. I thought I’d take a few moments to blog about the third topic — suggestions for implementing the bailout plan.

Read the full piece here. 

My colleague Tom Hazlett strikes again in Barron’s on Google’s transformation from its initial reluctance to advertise and its desire to stick to the non-profit sector to an unrelenting market driven approach to its discovery that search-term clicks were … well … profitable.

Read the full piece here. 

You may recall we’ve been blogging quite a bit about the FTC and DOJ scuffle over Section 2 (See here and here). On Thursday, December 11th, the ABA Antitrust Division is sponsoring a Teleseminar that will feature my former FTC colleague Ken Glazer (Deputy Director, Bureau of Competition, Federal Trade Commission), Bill Kolasky (WilmerHale, and rumored candidate for AG job), and James J. O’Connell, Jr. (Deputy Assistant Attorney General, Antitrust Division, Department of Justice).  Jennifer Driscoll (Mayer Brown) will be moderating.

Read the full piece here. 

That is from Maxine Waters (HT: Luke Froeb). It is increasingly difficult these days to figure out whether socialization/ nationalization is a threat or a promise.

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Please join me in support for poor, beleaguered gas station owners, the victims of unconscionable price gouging by ruthless consumers who are taking advantage of market conditions to reduce their demand for gasoline, driving down the price by nearly $2 per gallon over the last four months.

Read the full piece here.

So, now that the election is over, it must be time to start speculating as to who will fill what spots in the Obama administration. I already made some predictions about what an Obama antitrust regime might look like, but who will be running the show at the DOJ and the FTC? The Deal reports some possibilities at DOJ: Doug Melamed, William Kolasky, Jan McDavid, and Bill Baer.

Read the full piece here.