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TOTM Earlier this year, the US Supreme Court granted a writ of certiorari to Costco in the case of OMEGA SA v. Costco Wholesale Corp. (541 . . .
Earlier this year, the US Supreme Court granted a writ of certiorari to Costco in the case of OMEGA SA v. Costco Wholesale Corp. (541 F. 3d 982 (2008)). At issue is whether the ‘first sale doctrine’ of US copyright law (17 U.S.C. § 109(a)), which limits the copyright owner’s ability to restrict distribution of its product after first sale, applies to foreign-manufactured products whose first sale was outside the U.S. and whose importation to the U.S. was not authorized by the manufacturer. (I happened to run across a July 31 op-ed by Eric Felten at the WSJ lamenting the potential for the case to limit the ability of libraries to lend books, particularly books originally published and purchased overseas.) The case raises some interesting issues about the role and purpose of copyright protection, segregated market price discrimination in a global economy, and the role of the gray markets in arbitraging global price disparities.
Read the full piece here.
TOTM The DOJ has posted the transcript from the recent DOJ/USDA hearings on antitrust in agriculture here. I figured our readers might be especially interested in . . .
The DOJ has posted the transcript from the recent DOJ/USDA hearings on antitrust in agriculture here. I figured our readers might be especially interested in seeing Christine Varney’s comments (especially without having to slog through all 350 pages to find them!). I have bolded some of the most interesting parts of her comments.
Popular Media Some California design students tracked the ingredients in their favorite local taco and came up with this cool image. Read the full piece here.
Some California design students tracked the ingredients in their favorite local taco and came up with this cool image.
TOTM Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in Natchitoches Parish Hospital v. Tyco International recently came . . .
Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in Natchitoches Parish Hospital v. Tyco International recently came across my desk. It is an interesting case involving allegations that Covidien, a leading supplier of “sharps containers” used for the disposal of various needle-involving medical products (syringes, IVs, etc.) violated the antitrust laws with various market share discounting arrangements with buyers and exclusive dealing contracts with GPOs. I’ve not been following this litigation very closely, which has now apparently survived summary judgment. What caught my eye was a passage from the Daubert opinion to exclude Professor Einer Elhauge’s expert economic testimony on behalf of the plaintiff. As an interesting side note, we’ve had occasion to opine ourselves on some of Professor Elhauge’s views on the related topic of loyalty discounts here. If you’d like to get caught fully up to speed, read the briefs. I’ll start you off with the motion to exclude , the opposition, and a declaration submitted by John Bates Clark Medal / Nobel Prize winner Daniel McFadden in support of the motion to exclude.
TOTM The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun. The deal had already cleared the DOJ’s review. . . .
The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun. The deal had already cleared the DOJ’s review. Oracle is none too happy about the development, issuing a strongly-worded statement. Here’s a taste…
Popular Media Today’s installment of our series featuring statements so self-evidently absurd you wonder how anyone could have made them with a straight face focuses on US . . .
Today’s installment of our series featuring statements so self-evidently absurd you wonder how anyone could have made them with a straight face focuses on US Trade Representative Ron Kirk. Here’s Captain Kirk failing Economics 101…
TOTM Atlas Economic Research Foundation is circulating a petition in favor of free trade (HT Sasha Volokh). The plan is to unveil the petition before the . . .
Atlas Economic Research Foundation is circulating a petition in favor of free trade (HT Sasha Volokh). The plan is to unveil the petition before the April 1 G20 meetings in London. Here is the text of the petition. You can sign it here if you are interested.
TOTM Coca-Cola and China’s Huiyuan Juice Group Ltd $2.4 billion deal looks like it is set to be the first major merger test for the China’s . . .
Coca-Cola and China’s Huiyuan Juice Group Ltd $2.4 billion deal looks like it is set to be the first major merger test for the China’s new AML. This WSJ story gives some sense of market shares and potential market definition issues…
TOTM Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China. The article repeats the basic point, . . .
Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China. The article repeats the basic point, worth repeating, that international cooperation can help avoid bad outcomes with multiple regulatory stakeholders with different incentives and institutional environments…
