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Hovenkamp on Slotting, Discounts, and Competition for Distribution

TOTM Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am . . .

Like Thom, I also have spent the last few weeks reading Herbert Hovenkamp’s excellent new antitrust book, The Antitrust Enterprise: Principles and Execution. I am looking forward to Thom’s review in the Texas Law Review, and wholeheartedly agree with him that Hovenkamp’s book is an important and significant contribution to the antitrust literature (see also Randy Picker’s book review here describing “The Antitrust Enterprise as The Antitrust Paradox for a post-Chicago antitrust landscape”). I’m still digesting most of the book, and perhaps will share some more thoughts in this space later on, but thought I would chime in with some thoughts on two issues relevant to my own research on slotting contracts, discounts, and competition for product distribution.

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Antitrust & Consumer Protection

Saving Tigers (and Other Endangered Species)

TOTM Want to save endangered species? Turn them into private assets. So argues Barun Mitra in today’s NYT. In Sell the Tiger to Save It, Mitra . . .

Want to save endangered species? Turn them into private assets. So argues Barun Mitra in today’s NYT.

In Sell the Tiger to Save It, Mitra observes that our thirty year-old conservation policy, which prohibits harm to individual tigers and the trading of tiger products, has failed to increase the tiger population. The problem, Mitra argues, is that the prevailing prohibitionist approach fights markets rather than harnesses them…

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Hovenkamp on the Indirect Purchaser Rule

TOTM I’ve had the pleasure of spending the last few weeks curled up with Herbert Hovenkamp’s wonderful new book, The Antitrust Enterprise: Principle and Execution, which . . .

I’ve had the pleasure of spending the last few weeks curled up with Herbert Hovenkamp’s wonderful new book, The Antitrust Enterprise: Principle and Execution, which I’m reviewing for the Texas Law Review. Hovenkamp is a sharp thinker and a wonderfully clear writer, and the book is a fantastic read for scholars and students alike. As a reviewer, though, I’m charged with pointing out the weak spots. Hovenkamp’s discussion of Illinois Brick‘s indirect purchaser rule is, I believe, one of those spots.

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Antitrust & Consumer Protection

Economists’ Indifference, Straw Men, and the Costs of Regulating Inequality

TOTM I’ve been going back and forth with Frank Pasquale both at Madisonian and Jurisdynamics about economics, consumer welfare, the costs of inequality (and regulating it), . . .

I’ve been going back and forth with Frank Pasquale both at Madisonian and Jurisdynamics about economics, consumer welfare, the costs of inequality (and regulating it), and the ability of economics to provide useful insights where “social goods” are involved. At Jurisdynamics, Frank responds to my post on Apple’s business practices by asserting that my tunnel vision focus on consumer welfare ignores important justifications for government intervention like excessive vertical integration. While I argue that the economic literature universally accepts the notion that vertical integration, in most instances, is a procompetitive practice, Frank eloquently refuses to engage in the discussion on economic terms because those terms are not sufficiently “humanistic” (anecdotally citing this guy’s refusal to express his ideas in Rawlsian terms to a group of graduate students) and then levels this attack on economic analysis…

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Update on the Costs of Regulating Inequality

TOTM Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument :

Larry Solum was kind enough to link to my post on economics and arguments about social justice, and raises the following concerns about my argument…

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Intellectual Property & Licensing

Kidney Donors to be Compensated in Israel

TOTM A Jerusalem District Court has ruled that kidney donors will receive compensation (about $13-14K in US dollars) from HMOs for transplant expenses. Read the full . . .

A Jerusalem District Court has ruled that kidney donors will receive compensation (about $13-14K in US dollars) from HMOs for transplant expenses.

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Innovation & the New Economy

Paternalism and the iPod, Part Trois

TOTM The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival . . .

The WSJ Law Blog reports (via this AP Report) that the French law allowing regulators to force Apple to make its iPod compatible with rival offerings went into effect Thursday. “Me too” regulatory movements are already underway in Britain, Norway, Sweden, Poland and Denmark. This, as Microsoft plans to introduce “Zune,” its entry into the media player market. First, it was Apple’s shiny packaging and exploitation of consumer irrationality that explained Apple’s success in the media player market. Now, the French law adopts a different theory: it’s iTunes.

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Intellectual Property & Licensing

An Antitrust Trifecta

TOTM From Hanno Kaiser at the excellent Antitrust Review on a wide range of antitrust issues and events. Here is a brief tour through the trio . . .

From Hanno Kaiser at the excellent Antitrust Review on a wide range of antitrust issues and events. Here is a brief tour through the trio and some initial reactions…

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Antitrust & Consumer Protection

New paper: Missed Opportunities in Independent Ink

TOTM My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous . . .

My paper for the 2006 Cato Supreme Court Review, Missed Opportunities in Independent Ink, is now available on SSRN. Justice Stevens’ opinion for the unanimous court in Independent Ink rid antitrust law of the misguided, ill conceived, and universally criticized presumption of antitrust market power in patent tying cases. Very few dispute the wisdom of the Court’s decision. So what is there left to say about it?

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Antitrust & Consumer Protection