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Presenting Complex Economic Theories to Judges

TOTM This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges . . .

This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges and issues facing competition authorities and judges deciding complex antitrust cases on the basis of complex economic evidence. Here is one excerpt from the U.S. submission that caught my eye…

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Antitrust & Consumer Protection

No Ovation for FTC’s Latest Enforcement Theory

TOTM The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District . . .

The Federal Trade Commission announced a puzzling complaint filed in a new consummated merger & monopolization case in the U.S. District Court for the District of Minnesota. Here’s the explanation of the case from the press release…

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Antitrust & Consumer Protection

Price Discrimination is Good, Part 3

TOTM At Knowledge Problem, Michael Giberson collects anecdotal evidence on New York’s zone pricing ban, i.e. a prohibition on price discrimination. While gasoline prices are falling . . .

At Knowledge Problem, Michael Giberson collects anecdotal evidence on New York’s zone pricing ban, i.e. a prohibition on price discrimination. While gasoline prices are falling all over the country, the anecdotal evidence is that New York’s zone pricing ban is resulting in higher profits for retailers at the expense of consumers. Former George Mason economist (now at Chapman with Vernon Smith) Bart Wilson and Cary Deck have a fascinating experimental paper on the impact of zone pricing which anticipates this result. Of course, most economists agree that zone pricing benefits consumers.

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Antitrust & Consumer Protection

Kolasky on What Happens with the Section 2 Report

TOTM William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust . . .

William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust Source on the DOJ Section 2 Report arguing that while…

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Antitrust & Consumer Protection

Antitrust, The Bailout, and the Coming Boom in Monopolization Enforcement

TOTM From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link . . .

From the WSJ comes an editorial from Martin Neal Baily and Matthew Slaughter describe a forthcoming report from the Private Equity Council making the link between product market competition and productivity…

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Antitrust & Consumer Protection

Law and Economics 2.0

TOTM Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am . . .

Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here).  Legal Pad (at CNN/Fortune Magazine) announces the Kauffman Foundations plan to reinvigorate a “new” version of law and economics aimed at a new focus on static efficiency to innovation and economic growth…

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Intellectual Property & Licensing

The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions

TOTM Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en . . .

Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for the Supreme Court, which hasn’t decided a significant merger case since 1974 and badly needs to update its doctrine (see, e.g., Brown Shoe, upon which the D.C. Circuit heavily relied in Whole Foods).

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Antitrust & Consumer Protection

Should the Supreme Court Grant Cert in Rambus?

TOTM As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the . . .

As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the D.C. Circuit in its FTC v. Rambus. The FTC press release is here. The petition is here. The questions presented, as framed by the Commission are…

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Intellectual Property & Licensing

Price Discrimination is Good, Part 2

TOTM Yesterday I started a new TOTM feature on why price discrimination is good in light of the bad rap that the practice gets in public . . .

Yesterday I started a new TOTM feature on why price discrimination is good in light of the bad rap that the practice gets in public policy circles and with the public generally. Lest one believe that the examples of regulatory scrutiny of price discrimination in antitrust and regulated industries are special cases, a reader points me to this perfectly timed column from NY Times “Ethicist” Randy Cohen arguing that price discrimination is unethical.

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