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The Girl Scouts and Section 5

TOTM It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: . . .

It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem).   Rumor has it that demand for Thin Mints varies by region.  While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with  Girl Scout marketing efforts,  is tantamount to the evading pricing constraints imposed by current demand conditions.  No word on whether the Girl Scouts have hired antitrust counsel in light of the Commission’s pushing of this definition of actionable antitrust conduct in N-Data and Ovation (amongst other cases).

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Antitrust & Consumer Protection

The Commission Wins an Exclusive Dealing Case

TOTM Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description… Read the full piece here. 

Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description…

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Antitrust & Consumer Protection

I, Taco

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.

Read the full piece here.

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Innovation & the New Economy

The first thing we do, let’s kill the quants!

TOTM Professor Bainbridge has a provocative post up taking on empirical legal scholarship generally.  The While the Professor throws a little bit of a nod toward . . .

Professor Bainbridge has a provocative post up taking on empirical legal scholarship generally.  The While the Professor throws a little bit of a nod toward quantitative work, suggesting it might at least provide some “relevant gist for the analytical mill,” he concludes that “it’s always going to be suspect — and incomplete — in my book.”  Here’s a taste…

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Financial Regulation & Corporate Governance

NYT on Hazlett’s TV Broadband Auction Proposal

TOTM Richard Thaler’s NYT Economic View column features Tom Hazlett (my colleague, and former chief economist as the FCC) proposal for auctioning off TV spectrum.   Thaler . . .

Richard Thaler’s NYT Economic View column features Tom Hazlett (my colleague, and former chief economist as the FCC) proposal for auctioning off TV spectrum.   Thaler points out…

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Telecommunications & Regulated Utilities

Disclosure of ethics waivers under SOX: Recent scholarship from Rodrigues and Stegemoller

TOTM Usha Rodrigues and Mike Stegemoller have penned an interesting article, “Placebo Ethics,” assessing the effect of one of SOX’s disclosure provisions: The required immediate disclosure . . .

Usha Rodrigues and Mike Stegemoller have penned an interesting article, “Placebo Ethics,” assessing the effect of one of SOX’s disclosure provisions: The required immediate disclosure of waivers from a company’s code of ethics, found in Section 406 of the law.  The article is concrete, informative, empirical and well-written.

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Financial Regulation & Corporate Governance

Health Care Reform, Reconciliation, and the Role of the Senate: Some Wise Counsel from Key Democrats

TOTM Well, it looks like Congress is going to attempt to enact the Senate’s health care bill using the reconciliation process. President Obama certainly suggested as . . .

Well, it looks like Congress is going to attempt to enact the Senate’s health care bill using the reconciliation process. President Obama certainly suggested as much in Thursday’s Health Care Summit, downplaying the significance of such a move and suggesting it may be necessary in order to “move forward.”

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Financial Regulation & Corporate Governance

The FTC’s Misguided Rationale for the Use of Section 5 in Sherman Act Cases

Scholarship Abstract This essay criticizes the Federal Trade Commission’s defense of its use Section 5 of the FTC Act in the Intel case. The FTC’s (and . . .

Abstract

This essay criticizes the Federal Trade Commission’s defense of its use Section 5 of the FTC Act in the Intel case. The FTC’s (and particularly Chairman Leibowitz’) claims that the error cost concerns that figure prominently in recent Supreme Court Sherman Act cases ought not to apply, and are not intended to apply, to government enforcers are misguided and dangerous.

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Antitrust & Consumer Protection

Big Yet Not-So-Surprising Antitrust News Of the Day: EU Opens Google Investigation

TOTM The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times… Read the full piece here. 

The EU has launched its preliminary investigation of Google’s search engine and search advertising businesses.  From the Financial Times…

Read the full piece here

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Antitrust & Consumer Protection