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The Roberts Court’s Antitrust Philosophy: Chicago School, Harvard School, or Neither?

TOTM Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a . . .

Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a choice in favor of the Harvard School rather than the Chicago School of antitrust analysis. I recommend Professor Elhauge’s analysis to our readers for at least two reasons.

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Antitrust & Consumer Protection

Interesting Section 2 Developments

TOTM A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions . . .

A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.).

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Antitrust & Consumer Protection

Law School Specialization @ UC Irvine?

TOTM Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than . . .

Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than within the law school. Larry discusses a recent potential example of this form of diversity at UC Irvine which has communicated an apparent interest specialization in the form of a commitment to produce “public interest lawyers.” For those interested, Larry has riffed on this theme previously. Institutional specialization at the law school level is also a subject that I’ve blogged about before in the context of a specialization in law and economics, see, e.g. here. In the context of this broader framework, UC Irvine’s reported interest in such specialization raises all sorts of interesting questions about the relative costs and benefits of the approach.

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Froeb on Economics in Whole Foods

TOTM Here’s a taste of the reaction of former FTC Bureau of Economics Director Luke Froeb to some of the economic analysis in the recent Whole . . .

Here’s a taste of the reaction of former FTC Bureau of Economics Director Luke Froeb to some of the economic analysis in the recent Whole Foods merger case…

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Antitrust & Consumer Protection

The Elusive Profitability of Voluntary Pricing

TOTM WSJ has a fascinating story this morning about a group of restaurants in Utah, Washington, Colorado and other places adopting a completely voluntary pricing system. . . .

WSJ has a fascinating story this morning about a group of restaurants in Utah, Washington, Colorado and other places adopting a completely voluntary pricing system. No registers. No prices. No “suggested” prices and no tips. The business model is essentially to provide food and allow customers to put whatever they want in a lock box at the front of the store. This is similar to the former economist turned Bagel Man in Freakonomics who delivered bagels to DC area offices on a quasi-honor system.

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Antitrust & Consumer Protection

Chinese Antitrust Law Coming Soon … ?

TOTM It looks like, according to this report, the long-awaited Chinese Anti-Monopoly law will be passed next week and take effect August 1, 2008.  See here . . .

It looks like, according to this report, the long-awaited Chinese Anti-Monopoly law will be passed next week and take effect August 1, 2008.  See here for my recent post on the Chinese antitrust law with links to relevant scholarship, and here for Geoff’s earlier post while visiting the Conglomerate a while back. See also the China Business Law Blog on the NDRC’s successful challenge against the China Ramen Noodle Association under the Price Law.

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Antitrust & Consumer Protection

Our “Protective” FDA

TOTM The FDA, it seems, is rejecting more new drugs. The agency approved only 61 percent of 2007 drug applications through mid-August, down from 73 percent . . .

The FDA, it seems, is rejecting more new drugs. The agency approved only 61 percent of 2007 drug applications through mid-August, down from 73 percent in the same period last year. A new report by James Kumpel of Friedman, Billings, Ramsey & Co. shows that FDA approvals of drugs made from new chemical compounds are at their lowest level in a decade.

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Innovation & the New Economy

I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.

TOTM I’m not one to gloat. Ok, yes i am.  As Thom indicated, the court reached what I believe is the right result in the Whole . . .

I’m not one to gloat. Ok, yes i am.  As Thom indicated, the court reached what I believe is the right result in the Whole Foods case yesterday. I’ve been beating this drum since the merger challenge was announced (I won’t bother linking, yet again, to the series of posts.  Search for “Whole Foods” up there in the top left corner, if you’re interested).  The court’s order indicates that we can expect a redacted (93 page) decision sometime soon. I very much look forward to it.

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Antitrust & Consumer Protection

Manne Vindicated!

TOTM Geoff made all the right arguments on the FTC’s embarrassing effort to thwart the Whole Foods/Wild Oats merger. Indeed, he was one of the first . . .

Geoff made all the right arguments on the FTC’s embarrassing effort to thwart the Whole Foods/Wild Oats merger. Indeed, he was one of the first to do so and thereby earned an honored link on Whole Foods’ website.

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Antitrust & Consumer Protection