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Chemerinksy’s Theory of the Roberts’ Court’s Antitrust Jurisprudence

TOTM In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review . . .

In a California Bar Journal, Professor Chemerinsky documents what he describes as the Supreme Court’s “sharp turn to the right.” Ted Frank describes Chemerinsky’s review of the term as “not especially honest” and discusses a few cases there. So what does Chemerinsky make of the recent antitrust decisions?

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Antitrust & Consumer Protection

How to Survive A Motion to Dismiss After Twombly

TOTM David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section . . .

David Fischer at Antitrust Review points to a decision out of the Eastern District of Pennsylvania where plaintiffs’ allegations of conspiracy in violation of Section 1 of the Sherman Act survived a motion to dismiss. Recall that Twombly rejected the “any set of facts” or “conceivability” standard set forth in Conley v. Gibson in favor of a “plausibility” standard (see, e.g. Manfred Gabriel’s article in the Antitrust Source exploring Twombly‘s implications).

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Antitrust & Consumer Protection

Symposium on Empirical Antitrust in the Antitrust Law Journal

TOTM The application of empirical economic methods in antitrust can and should play an important, even central, role in the development of sound competition policy.  For . . .

The application of empirical economic methods in antitrust can and should play an important, even central, role in the development of sound competition policy.  For example, former FTC Chairman Tim Muris explicitly made the case that empirical examination of the economic foundations of antitrust could improve antitrust policy making and undertook efforts to make such an examination a fundamental part of the FTC’s research agenda…

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Antitrust & Consumer Protection

Zywicki on the Two-Income Trap Hypothesis

TOTM My colleague Todd Zywicki offers an empirical rebuttal to the Warren-Tyagi “Two Income Trap” hypothesis which asserts that families with two incomes end up more . . .

My colleague Todd Zywicki offers an empirical rebuttal to the Warren-Tyagi “Two Income Trap” hypothesis which asserts that families with two incomes end up more leveraged than families with single incomes and more susceptible to negative economic shocks than otherwise for a number of reasons, including, e.g. counterproductive bidding for housing, child care expenses, etc.

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Financial Regulation & Corporate Governance

Shelf Space Payments and Retail Bargaining Power

TOTM At his new blog Management R&D, Luke Froeb writes about the strategy of downstream firms reducing capacity in order to increase competition among suppliers… Read . . .

At his new blog Management R&D, Luke Froeb writes about the strategy of downstream firms reducing capacity in order to increase competition among suppliers…

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Antitrust & Consumer Protection

Antitrust in China

TOTM It appears that China may be very close to passing its Anti-Monopoly Law (HT: Danny Sokol).  Like many others, I’ve been following these developments (see, . . .

It appears that China may be very close to passing its Anti-Monopoly Law (HT: Danny Sokol).  Like many others, I’ve been following these developments (see, e.g., the ABA’s comments on the proposed law here).  I will also be taking a trip out to China sometime later this year and so am interested in learning as much as possible about antitrust regulation in China as it occurs now as well as obstacles to its implementation under the new revised law.

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Antitrust & Consumer Protection

This is Bad News for GMU

TOTM Wow. This is a coup for Chapman and more importantly (at least to me!), a major loss for GMU. Read the full piece here. 

Wow. This is a coup for Chapman and more importantly (at least to me!), a major loss for GMU.

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Diabetes Treatments and Moral Hazard

Scholarship Abstract In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. . . .

In the face of rising rates of diabetes, many states have passed laws requiring health insurance plans to cover medical treatments for the disease. Although supporters of the mandates expect them to improve the health of diabetics, the mandates have the potential to generate a moral hazard to the extent that medical treatments might displace individual behavioral improvements. Another possibility is that the mandates do little to improve insurance coverage for most individuals, as previous research on benefit mandates has suggested that mandates often duplicate what plans already cover. To examine the effects of these mandates, we employ a triple?differences methodology comparing the change in the gap in body mass index (BMI) between diabetics and nondiabetics in mandate and nonmandate states. We find that mandates do generate a moral hazard problem, with diabetics exhibiting higher BMIs after the adoption of these mandates.

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Antitrust News at GW Law

TOTM GW Law received a $5.1 million award to fund a Center for Competition Law resulting from the settlement of a class-action antitrust suit brought by . . .

GW Law received a $5.1 million award to fund a Center for Competition Law resulting from the settlement of a class-action antitrust suit brought by Michael Hausfield (of Cohen, Milstein, Hausfeld & Toll, P.L.L.C., and a GW alum).

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Antitrust & Consumer Protection