Showing 9 of 693 Publications by Joshua Wright

“Let the Market Handle It”

TOTM Economists, free-marketeers, and law and econ types are often accused of invoking this phrase as a knee-jerk reaction to regulations of all shapes and sizes. . . .

Economists, free-marketeers, and law and econ types are often accused of invoking this phrase as a knee-jerk reaction to regulations of all shapes and sizes. The position is sometimes attacked as overly simplistic, based upon an unjustified faith in markets, or just plain lazy. On this score, Don Boudreaux (Cafe Hayek, GMU) has a must-read post on what it means to favor the market solutions to government solutions to various public policy problems.

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Globetrotters Update

TOTM Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC . . .

Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments.

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Antitrust & Consumer Protection

‘Hofstra-gate?’ Revisited

TOTM Matt Bodie, of Hofstra and Prawfsblawg, is “a little outraged” at the NCAA tournament selection committee’s failure to invite Hofstra to the big dance. But . . .

Matt Bodie, of Hofstra and Prawfsblawg, is “a little outraged” at the NCAA tournament selection committee’s failure to invite Hofstra to the big dance. But what really gets Matt is that…

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CBS v. Howard Stern Complaint

TOTM Courtesy of ContractsProf Blog, here is what purports to be a copy of the elusive complaint in CBS v. Howard Stern. ContractsProf Blog includes the . . .

Courtesy of ContractsProf Blog, here is what purports to be a copy of the elusive complaint in CBS v. Howard Stern. ContractsProf Blog includes the following disclaimer regarding the authenticity of the complaint…

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Financial Regulation & Corporate Governance

A Reply to McCann on the Globetrotters

TOTM Professor McCann responds to my earlier post about the Globetrotters use of exclusive contracts, and more generally, erroneously inferring monopoly power from the observation of . . .

Professor McCann responds to my earlier post about the Globetrotters use of exclusive contracts, and more generally, erroneously inferring monopoly power from the observation of a single firm winning the competition for exclusives…

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Antitrust & Consumer Protection

The Globetrotters and Competition for Contract

TOTM Microsoft, AT&T, Standard Oil, and …. the Globetrotters? The Globetrotters just might join this list of well known antitrust defendants. The Harlem Ambassadors, a rival . . .

Microsoft, AT&T, Standard Oil, and …. the Globetrotters? The Globetrotters just might join this list of well known antitrust defendants. The Harlem Ambassadors, a rival exhibition basketball squad, have filed a complaint with the FTC concerning the Globetrotters’ use of “exclusivity windows” in leases with local arenas, which effectively prevent competitors from playing in the same arena around the same time as the Globetrotters. CNN Money has the story here.

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Antitrust & Consumer Protection

SCOTUS (Almost) Nails Another One …

TOTM Another 8-0 antitrust decision from SCOTUS. Very interesting. For those of you who have not been following, the Court rejected the longstanding, but almost uniformly . . .

Another 8-0 antitrust decision from SCOTUS. Very interesting. For those of you who have not been following, the Court rejected the longstanding, but almost uniformly criticized, presumption that patents confer market power for the purpose of antitrust analysis. WSJ Law Blog sums up the facts here, concluding with a quote from Steve Sunshine that the trio of cases this term “harmoniz[e] antitrust law presumptions with the economic law and policy that’s been pervasive over the past ten-to-fifteen years.â€? That sounds right.

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Antitrust & Consumer Protection

SCOTUS Slays the ‘Exotic Beast’

TOTM SCOTUS’ Dagher opinion is indeed good news. For those unfamiliar with the case, the Ninth Circuit held that the pricing policy of two joint ventures . . .

SCOTUS’ Dagher opinion is indeed good news. For those unfamiliar with the case, the Ninth Circuit held that the pricing policy of two joint ventures between Shell and Texaco were per se illegal under the Sherman Act. As it stood, the Ninth Circuit’s analysis threatened per se antitrust liability for joint ventures engaging in the unremarkable practice of setting prices for their own practices. Judge Fernandez’ dissent describes the ruling more creatively, arguing that it created a “exotic beast, no less strange than a manticore, roaming the business world.” After SCOTUS’ 8-0 reversal, the exotic beast roams no longer.

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Antitrust & Consumer Protection

Another Antitrust Suit Against the NCAA

TOTM The NCAA is no stranger to defending antitrust suits. Remember Maurice Clarett? How about the NIT? Tom Farrey of ESPN the Magazine brought my attention . . .

The NCAA is no stranger to defending antitrust suits. Remember Maurice Clarett? How about the NIT? Tom Farrey of ESPN the Magazine brought my attention to a new and very interesting antitrust suit filed last week in Los Angeles on the theory that the NCAA has illegally conspired to prohibit member colleges from offering athletic scholarships covering the “full cost” of attendance. Apparently, the NCAA fixes a standard scholarship package, called “grant-in-aid,” which is approximately $2,500 less than the official cost of attendance.

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Antitrust & Consumer Protection