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Showing 9 of 65 Results in Barriers to Entry

Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.

TOTM Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the . . .

Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the New York Times ran an article entitled In Turnaround, Industries Seek U.S. Regulation. Yesterday’s Wall Street Journal featured Food Makers Get Appetite for Regulation.

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Antitrust & Consumer Protection

The Elusive Profitability of Voluntary Pricing

TOTM WSJ has a fascinating story this morning about a group of restaurants in Utah, Washington, Colorado and other places adopting a completely voluntary pricing system. . . .

WSJ has a fascinating story this morning about a group of restaurants in Utah, Washington, Colorado and other places adopting a completely voluntary pricing system. No registers. No prices. No “suggested” prices and no tips. The business model is essentially to provide food and allow customers to put whatever they want in a lock box at the front of the store. This is similar to the former economist turned Bagel Man in Freakonomics who delivered bagels to DC area offices on a quasi-honor system.

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Antitrust & Consumer Protection

Media Consolidation and Antitrust

TOTM One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media . . .

One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media consolidation.

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Antitrust & Consumer Protection

Is There Really Less Securities Fraud? And If So, Should We Thank the Feds?

TOTM Securities fraud class-actions are down. In an op-ed in yesterday’s WSJ, Joseph Grundfest observed that both the number of such actions and the dollar value . . .

Securities fraud class-actions are down. In an op-ed in yesterday’s WSJ, Joseph Grundfest observed that both the number of such actions and the dollar value of total damages claims have dropped dramatically since mid-2005. Why has this decline occurred? Grundfest considers several possible reasons.

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Antitrust & Consumer Protection

Barriers to Entry

TOTM I have had occasion to think about the relationship between property rights and barriers to entry lately, and was reminded of the following line which . . .

I have had occasion to think about the relationship between property rights and barriers to entry lately, and was reminded of the following line which I thought well worth posting on its own…

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Intellectual Property & Licensing

Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts

TOTM Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. . . .

Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. Both call for bright-line, administrable liability rules for all forms of unilateral exclusionary conduct, and have important things to say about designing antitrust rules for bundled discounts. Both are worth reading in their entirety. Administrable rules that sensibly balance Type I and II errors are certainly an indisputably admirable goal for antitrust analysis and bundled discounts have proven to be a particularly tricky form of conduct for Section 2 analysis. Despite all of the agreement around here between Thom, Dan and I on the design of antitrust rules in a world of costly Type I errors, I think I have found a topic upon which I can at least offer a mild dissent (or at least a different perspective) regarding the usefulness of the analogy of various anticompetitive theories of bundled discounting practices to exclusive dealing.

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Antitrust & Consumer Protection

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

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