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Why the Supreme Court was Correct to Deny Cert in Rambus

TOTM As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response . . .

As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response to the arguments set forth in the Commission petition.  I recently expanded the blog post into a short essay which I’ve posted on SSRN.  It will also be available in a few weeks at Global Competition Policy.

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Antitrust & Consumer Protection

Competitive Resale Price Maintenance in the Absence of Free-Riding

TOTM I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same . . .

I want to second Josh’s commendation of Ben Klein’s submission to the recent FTC Hearings on Resale Price Maintenance. Klein’s paper, which bears the same title as this post, is lucidly written (blissfully free of equations, Greek letters, etc.) and makes a point that, at this juncture in antitrust’s history, is absolutely crucial.

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Antitrust & Consumer Protection

DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs

TOTM Predicting what antitrust enforcement regimes in the current economic environment is a tricky business.  I’ve done my best here.  One probably cannot think of a . . .

Predicting what antitrust enforcement regimes in the current economic environment is a tricky business.  I’ve done my best here.  One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the panel audio at the link).  I had an RA transcribe Varney’s remarks so please note that all remarks attributed as quotations here may not be exact.

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Antitrust & Consumer Protection

Bittlingmayer and Hazlett on the Stimulus

TOTM George Bittlingmayer (University of Kansas) and my colleague Tom Hazlett look at the market response to the stimulus and find it none too enthusiastic… Read . . .

George Bittlingmayer (University of Kansas) and my colleague Tom Hazlett look at the market response to the stimulus and find it none too enthusiastic…

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Three from Brad DeLong

TOTM Yesterday I criticized Brad DeLong for, essentially, acting like a child. Today I want to draw attention to three posts from Brad DeLong–in none of . . .

Yesterday I criticized Brad DeLong for, essentially, acting like a child. Today I want to draw attention to three posts from Brad DeLong–in none of which does he act like a child.

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Cass Sunstein, OIRA, and Nudging

Popular Media On Thursday President-elect Obama named law professor Cass Sunstein to head the Office of Information and Regulatory Affairs, an executive-branch office with the mission of analyzing . . .

On Thursday President-elect Obama named law professor Cass Sunstein to head the Office of Information and Regulatory Affairs, an executive-branch office with the mission of analyzing and coordinating federal regulation. Most recently, Sunstein is known for his work with Richard Thaler on “choice architecture” and behavioral public policy, including their book Nudge.

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What Influence Will the Section 2 Report Have? The Role of Political Ideology

TOTM There has been a great deal of speculation and discussion in this blog and around the antitrust community regarding what will happen with the DOJ . . .

There has been a great deal of speculation and discussion in this blog and around the antitrust community regarding what will happen with the DOJ Section 2 Report.  Rightly so.  It is a document with the potential to influence both agency monopolization enforcement decisions, international antitrust enforcement, and U.S. doctrine itself in federal court.  What precisely happens with the Section 2 Report is also of considerable significance given the confluence of events that suggest, at least to me, a significant increase in monopolization enforcement (see also some more general predictions about the Obama antitrust regime).

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Antitrust & Consumer Protection

Taking On Lebron: What’s the Impact of a Gold Medal Performance?

TOTM Stories like this one suggest that winning Olympic gold in Beijing have catapulted team members into better seasons. Here’s a quote from Lebron James… Read . . .

Stories like this one suggest that winning Olympic gold in Beijing have catapulted team members into better seasons. Here’s a quote from Lebron James…

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The Law Market

TOTM The Law Market, Larry Ribstein’s new and important book with Erin O’Hara looks great and is available here from Oxford University Press.  The book description . . .

The Law Market, Larry Ribstein’s new and important book with Erin O’Hara looks great and is available here from Oxford University Press.  The book description from the website sets the stage…

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Financial Regulation & Corporate Governance