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Antitrust under President Obama: “I will direct my administration to reinvigorate antitrust enforcement”

TOTM Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in . . .

Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration…

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Antitrust & Consumer Protection

NY Times Endorses Pre-Chicago Antitrust

TOTM The NY Times (HT: Danny Sokol) decided to run an editorial blasts the DOJ’s Section 2 Report, asserting that the “antitrust division is supposed to . . .

The NY Times (HT: Danny Sokol) decided to run an editorial blasts the DOJ’s Section 2 Report, asserting that the “antitrust division is supposed to be the agency looking out for the interests of American consumers, not big companies — a role it has clearly forgotten over the last eight years” citing the familiar bullet points (e.g. “Throughout the entire Bush administration, it has not brought a single case against a dominant firm for anticompetitive behavior and “it has argued enthusiastically on behalf of monopolists before the Supreme Court”).  Its a superficial treatment of the issues at best (see here or here for my views and some links to others).

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Antitrust & Consumer Protection

Obama “Voted With the Socialist” 92% of the Time

TOTM The Mizzou campus is all atwitter today over a scheduled appearance this evening by the world’s biggest celebrity — my old constitutional law prof, Barack . . .

The Mizzou campus is all atwitter today over a scheduled appearance this evening by the world’s biggest celebrity — my old constitutional law prof, Barack Obama. As I write this, I’m watching the Obama folks prepare for the rally, which is to take place on the quad my office overlooks. I must say, it’s a pretty impressive operation.

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Speaking of Resale Price Maintenance …

TOTM It looks like the FTC is interested in doing more than just investigating RPM (see Thom’s excellent post), as the agency just announced a series . . .

It looks like the FTC is interested in doing more than just investigating RPM (see Thom’s excellent post), as the agency just announced a series of public workshops on the question of how best to distinguish pro-competitive uses of RPM from those that raise competitive concerns.

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Antitrust & Consumer Protection

FTC’s Latest RPM Investigation: Sound and Fury Signifying Nothing?

TOTM Once again displaying its tenacious devotion to old Dr. Miles, the FTC is investigating whether makers of musical instruments and audio equipment have engaged in . . .

Once again displaying its tenacious devotion to old Dr. Miles, the FTC is investigating whether makers of musical instruments and audio equipment have engaged in illegal resale price maintenance (RPM). Yesterday’s WSJ reported that the Commission has issued subpoenas to a number of prominent musical instrument manufacturers, including Fender, Yamaha, and Gibson, as well as to the retailer, Guitar Center, Inc. The Commission is apparently seeking to determine whether the manufacturers’ minimum advertised price (MAP) programs, which forbid retailers from advertising prices below some minimum level, amount to unreasonable vertical restraints of trade. In the post-Leegin world, even those MAP programs that amount to agreements to set retail prices are not automatically illegal. Instead, a challenger must establish their anticompetitive effect.

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Antitrust & Consumer Protection

The End of Libertarianism?

TOTM Not so fast, says Will Wilkinson is this must read (and well earned) dismantling of Jacob Weisberg’s recent Slate column which has been getting a . . .

Not so fast, says Will Wilkinson is this must read (and well earned) dismantling of Jacob Weisberg’s recent Slate column which has been getting a lot of attention…

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Financial Regulation & Corporate Governance

Fannie and Freddie as “Greater Fools”

TOTM Today’s New York Times features an op-ed by Michigan Law Professor Michael Barr and former Clinton advisor Gene Sperling that (somewhat predictably) blames our current . . .

Today’s New York Times features an op-ed by Michigan Law Professor Michael Barr and former Clinton advisor Gene Sperling that (somewhat predictably) blames our current financial mess on a lack of “common sense regulation” and exonerates the Community Reinvestment Act, Fannie Mae, and Freddie Mac.

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Financial Regulation & Corporate Governance

Reverse Payments Ripe for Cert?

TOTM The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust . . .

The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust Review and Patently-O)…

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Intellectual Property & Licensing

FTC v. DOJ on Section 2: Just Different Priors?

TOTM Turns out the Global Competition Policy issue on Reviewing the DOJ Report on Competition and Monopoly, in addition to the articles I pointed to in . . .

Turns out the Global Competition Policy issue on Reviewing the DOJ Report on Competition and Monopoly, in addition to the articles I pointed to in this post, has added a few more responses to the Report, the FTC Response, and what the schism might mean for antitrust enforcement over the next several years. So far I’ve read and very much enjoyed the articles from Tom Barnett (DOJ), Luke Froeb and Pingping Shan, and Sean Gates (the others look good too).

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Antitrust & Consumer Protection