Showing Latest Publications

Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly

TOTM Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis . . .

Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis of law, that use the term “Chicago School,” in a critical and misleading way.  Conventionally, use of this nomenclature comes along with a claim that “Chicago School” economics is code for a particular form of non-interventionist, politically conservative philosophy based upon only an unjustified “faith” in markets.

Read the full piece here

Continue reading
Antitrust & Consumer Protection

The FTC Releases its Credit-Based Insurance Scores Report

TOTM Here are a few of the key findings of the study which examined the use of credit-based scores to determine automobile insurance rates:

Available here. Here are a few of the key findings of the study which examined the use of credit-based scores to determine automobile insurance rates…

Read the full piece here.

Continue reading
Financial Regulation & Corporate Governance

More Thoughts on Free Market Orthodoxy in Antitrust

TOTM In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of . . .

In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of law and economics. In response to the post, an anonymous TOTM reader emails the following related, and probably more interesting, questions: “is there a free market orthodoxy amongst (1) legal commentators and (2) the Supreme Court?”

Read the full piece here

Continue reading
Antitrust & Consumer Protection

How Rough Do Dissenters From “Free Market Economics” Have It Anyway?

TOTM There are some good posts from several fine economists in the blogosphere responding to this NY Times article suggesting that the majority of economists are . . .

There are some good posts from several fine economists in the blogosphere responding to this NY Times article suggesting that the majority of economists are “free market” ideologues and those who dissent from laissez-faire dogma are sanctioned by their peers. All are excellent posts worth reading in their entirety and take on various problems with the NY Times caricature of the economics profession.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Newsflash! AAI supports merger review!

TOTM In shocking news, the American Antitrust Institute has come out with a white paper suggesting that the FTC’s challenge of the Whole Foods/Wild Oats merger . . .

In shocking news, the American Antitrust Institute has come out with a white paper suggesting that the FTC’s challenge of the Whole Foods/Wild Oats merger is warranted…

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Evaluating Leegin

TOTM Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly . . .

Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly weak dissent from Justice Breyer. As we’ve noted over and over here at TOTM, the death of Dr. Miles is clearly the right outcome judged based upon the underlying antitrust fundamentals. As Thom and I have pointed out in various posts on RPM here at TOTM, the evidence overwhelmingly suggests that anticompetitive RPM is much talked about but rarely observed or documented. Given that the bulk of the contemporary evidence on RPM suggests that it is largely pro-competitive, I must admit that I was surprised by Tyler Cowen’s “casual guess” in a post at the VC that >50% of RPM are associated with attempts to collude.

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Dr. Miles (1911-2007)

TOTM So Dr. Miles is dead. May he rest in peace. No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points . . .

So Dr. Miles is dead. May he rest in peace.

No great surprises in the majority opinion in Leegin. Justice Kennedy, quite rightly, emphasized points we have asserted numerous times on this blog. Most notably…

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Predictions on Leegin

TOTM Well we’re coming down to the wire, folks. The Supreme Court is wrapping up its term any day now, and no still no word on . . .

Well we’re coming down to the wire, folks. The Supreme Court is wrapping up its term any day now, and no still no word on Leegin. Tom Goldstein from SCOTUSBLOG tells us the decision’s coming on Thursday. He also predicts that the author will be Justice Stevens, who has an antitrust background and hasn’t written an opinion since March.

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Whole Foods: Where’s the [premium, natural and organic] beef?

TOTM John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that . . .

John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action.  But most amazing of all is this comment…

Read the full piece here

Continue reading
Antitrust & Consumer Protection