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If A Tree Falls in a Forest and Nobody Hears It, Did the Bush Antitrust Division Cut It Down?

TOTM The NYT ran an unsigned editorial on “Intel and Competition” that, quite frankly, doesn’t make much sense to us.  It offers two basic arguments: (1) . . .

The NYT ran an unsigned editorial on “Intel and Competition” that, quite frankly, doesn’t make much sense to us.  It offers two basic arguments: (1) that the Bush administration DOJ is responsible for the state of Section 2 law requirement that plaintiffs demonstrate actual consumer harm, and (2) that foreign antitrust jurisdictions’ pursuit of enforcement actions against Intel’s loyalty rebates suggests that the failure of the Federal Trade Commission to do so is a failure of the Bush administration to enforce the antitrust laws to protect consumers.

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Antitrust & Consumer Protection

A quick note on Intel

TOTM I am curious about something.  AMD and Intel have been competing head to head for more than 15 years, at least since AMD released its . . .

I am curious about something.  AMD and Intel have been competing head to head for more than 15 years, at least since AMD released its Intel 386 clone in the early 90s.  In that time, inarguably, microprocessor prices have plumeted and  processing power and other features have increased dramatically (I’m aware that we don’t know what the but-for world would look like, but these effects have been enormous).

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Antitrust & Consumer Protection

Coda: Varney withdraws Section 2 Report

TOTM I guess it comes as little surprise that Christine Varney has withdrawn the Section 2 Report.  The comments made in the statement withdrawing the Report . . .

I guess it comes as little surprise that Christine Varney has withdrawn the Section 2 Report.  The comments made in the statement withdrawing the Report indicate . . . well, that Varney isn’t convinced by reading this blog, among other things.  Coming on the heels of our Section 2  Symposium, the news is jarring, although not unexpected.  Moreover, as predicted in Howard Marvel’s first post here, Varney is using “recent events” in the economy as a lever…

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Antitrust & Consumer Protection

What does Tyler know about law and economics, anyway?

TOTM Over at Crooked Timber, Tyler Cowen comments on Steve Teles’ book on conservative legal movements.  I never get tired of plugging Steve’s book (as he . . .

Over at Crooked Timber, Tyler Cowen comments on Steve Teles’ book on conservative legal movements.  I never get tired of plugging Steve’s book (as he knows), so I’ll do it again here:  It’s a great book, a riveting read, and instructive, to boot.  Buy a copy today!

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Manne on Carrier’s Innovation in the 21st Century

TOTM Michael Carrier has written a timely and interesting book.  Like Dan, I’m still digesting it (which means, in translation: I have not yet read every . . .

Michael Carrier has written a timely and interesting book.  Like Dan, I’m still digesting it (which means, in translation: I have not yet read every word).  There is much to like about the book, in particular its accessible format and content.  I do fear that it is a bit overly ambitious, however, hoping both to educate the completely un-initiated as well as to develop a more advanced agenda, and at times it reads like two separate books.

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Intellectual Property & Licensing

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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The unfortunate return of the “strange, red-haired, bearded, one-eyed, man with a limp”

TOTM The DC Circuit has reversed the district court in the Whole Foods case.  The opinion is here.  [HT:  Danny Sokol] As regular readers know, we . . .

The DC Circuit has reversed the district court in the Whole Foods case.  The opinion is here.  [HT:  Danny Sokol]

As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review.  I wouldn’t be surprised if Thom is disappointed with the standard adopted by the DC Circuit in its appeal, and I look forward to his thoughts.

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Antitrust & Consumer Protection

Barnett on Sirius-XM

TOTM The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer).  About time, I’d say . . .

The Washington Post is reporting that the long-embattled Sirius/XM merger has received DOJ approval (FCC approval still pending) (HT: David Fischer).  About time, I’d say (it’s been two years).  See all of the ToTM posts on the topic here

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Antitrust & Consumer Protection

Is free Radiohead a substitute for expensive Radiohead?

TOTM I’d have to say the answer is yes (duh). Radiohead’s In Rainbows made a stunning “official” debut, coming out at number 1 on the Billboard . . .

I’d have to say the answer is yes (duh). Radiohead’s In Rainbows made a stunning “official” debut, coming out at number 1 on the Billboard chart with 122,000 US sales in the first week.

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Intellectual Property & Licensing