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Supreme Court Denies Cert in Antitrust Case

TOTM The Supreme Court denied cert yesterday in Truck-Rail Handling Inc. v. Burlington Northern & Sante Fe Railway Co., U.S., No. 07-693 (HT: Danny Sokol), where . . .

The Supreme Court denied cert yesterday in Truck-Rail Handling Inc. v. Burlington Northern & Sante Fe Railway Co., U.S., No. 07-693 (HT: Danny Sokol), where the 9th Circuit had affirmed summary judgment for the railroad company on the grounds that the plaintiff had not adequately defined relevant product markets.

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Antitrust & Consumer Protection

Hofstra Foreign Exchange Symposium

TOTM My former co-clerk (now Hofstra Law prof) Ron Colombo asked that I pass along information on an upcoming symposium at Hofstra Law School. The symposium, . . .

My former co-clerk (now Hofstra Law prof) Ron Colombo asked that I pass along information on an upcoming symposium at Hofstra Law School. The symposium, Regulation of Currency Exchange and Its Impact on International Business, will be held at Hofstra on February 8. The keynote speaker will be Walter Lukken, Acting Chairman of the CFTC.

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Was Einstein an idiot?

TOTM Well, obviously, not, of course, but he sure sounds like a thoughtless hack once in a while. In a cafeteria near my office on the . . .

Well, obviously, not, of course, but he sure sounds like a thoughtless hack once in a while.

In a cafeteria near my office on the Microsoft campus, there is a sign near the door.  It’s a testament to something or other that I have no recollection at all what the sign is actually about.  But it shows a sepia-tone picture of a bridge being built from both sides of some body of water.  The traverse is almost complete, except that the the two sides don’t quite line up. Oops. In big letters above the picture is a quote from Einstein.  It says, “We cannot solve our problems with the same level of thinking that created them.” I’ve never read a word of Deepak Chopra, but this is about what I imagine he or others like him would sound like.  Trite. Persuasive to the relatively thoughtless.  And, well, idiotic.

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Financial Regulation & Corporate Governance

Dell’s Restricted Distribution Strategy

TOTM A story in today’s WSJ highlights Dell’s rather slow move into retail distribution of its PCs  The delay has been, at least in part, calculated . . .

A story in today’s WSJ highlights Dell’s rather slow move into retail distribution of its PCs  The delay has been, at least in part, calculated to control the image of Dell’s products with its customer base. For example, Dell’s new arrangement with Best Buy is designed to restrict Best Buy’s product line on some margins as part of an effort to Dell sales from cannibalizing its Web customers.

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The Best Antitrust Articles of 2007

TOTM Danny Sokol has collected picks from antitrust specialists around the globe. There were plenty of excellent articles and books to pick from but I ultimately . . .

Danny Sokol has collected picks from antitrust specialists around the globe. There were plenty of excellent articles and books to pick from but I ultimately selected this article from Keith Hylton and Fei Deng and this book on the Microsoft Case from Bill Page and John Lopatka. You can see the rest of the picks here.

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Antitrust & Consumer Protection

Cleaning up after Pasquale’s hit job

TOTM Recently, Frank Pasquale at Concurring Opinions wrote a blog post did a drive-by hit on FTC Chairman Majoras supporting her recusal from considering the Google/DoubleClick . . .

Recently, Frank Pasquale at Concurring Opinions wrote a blog post did a drive-by hit on FTC Chairman Majoras supporting her recusal from considering the Google/DoubleClick merger now pending before the FTC. You really have to read the post to get the full effect of the innuendo and intimation–it’s masterfully subtle. At the time I commented on his blog…

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Antitrust & Consumer Protection

Competition for the Field: DVD Standard Edition

TOTM Craig Newmark highlights this offer at Amazon allowing consumers who purchase an HD-DVD player up to 10 free DVDs. Newmark cites the DVD offer as . . .

Craig Newmark highlights this offer at Amazon allowing consumers who purchase an HD-DVD player up to 10 free DVDs. Newmark cites the DVD offer as an example of upfront competition resolving standard-based coordination problems in the presence of network externalities.

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Antitrust & Consumer Protection

Vertical Integration and Retail Gasoline Prices Revisited

TOTM A trio of Federal Trade Commission economists (Christopher Taylor, Paul Zimmerman, & Nicholas Kreisle) have revisited Justine Hastings’ 2004 AER analysis of the ARCO/ Thrifty . . .

A trio of Federal Trade Commission economists (Christopher Taylor, Paul Zimmerman, & Nicholas Kreisle) have revisited Justine Hastings’ 2004 AER analysis of the ARCO/ Thrifty vertical merger in their paper, “Vertical Relationships and Competition in the Retail Gasoline Market: Comment.” (HT: Danny Sokol). Hastings’ analysis is viewed as particularly important because it is one of the few empirical results that suggests that vertical integration is associated with lower retail prices and that regulations restricting vertical integration might improve welfare.

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Antitrust & Consumer Protection

What Happens When Attempted Collusion Fails

TOTM Harvard College decided this year not to offer a service option many of its customers want — early admission. When Harvard’s new policy was announced, . . .

Harvard College decided this year not to offer a service option many of its customers want — early admission. When Harvard’s new policy was announced, the dean of admissions took care to emphasize, “We’re looking for all the company we can get.” Soon thereafter, Harvard got some company; Princeton adopted a similar policy, and a number of other elite Northeastern schools began planning to cut early admission.

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Antitrust & Consumer Protection