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A Disgusting Display of Bureaucratic Force from the Chicago Department of Public Health

Popular Media This is so vile, so disgusting that I am literally nauseated at my desk as I write. One of the ways that independent chefs, caterers . . .

This is so vile, so disgusting that I am literally nauseated at my desk as I write. One of the ways that independent chefs, caterers and confectioners economize on their substantial fixed costs is by sharing kitchens. In Chicago, the business license treatment of such kitchens from the Chicago Department of Public Health has been uncertain: does the kitchen owner have to be the one with the license, or does each user of the kitchen have to have a separate license?

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Innovation & the New Economy

Debunking the ‘pro-business’ rationale for Section 5 enforcement

TOTM Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about . . .

Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about stepped-up Section 5 enforcement at the FTC…

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Antitrust & Consumer Protection

Correcting the Record: AAG Varney and the Chicago School’s Premature "Retirement"

TOTM Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical.   Thom intervened to suggest that we at . . .

Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical.   Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article.  OK, that’s enough credit for now.

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Antitrust & Consumer Protection

The Law ‘On Trade’ Will Inflate Prices and Reduce the Range

Popular Media (Translated from Russian) The new trade law, supported by the FAS and Prime Minister Putin personally, and coming into force on February 1, contains the . . .

(Translated from Russian) The new trade law, supported by the FAS and Prime Minister Putin personally, and coming into force on February 1, contains the following main provisions: 1. trading network operations are limited to no more than a 25% share of sales in a certain geographical region; 2. limits are placed on contracts between suppliers and retailers for marketing payments and other payments for shelf space; 3. control over the prices of a number of “socially important” goods is introduced. According to its supporters, the new law should have a positive impact on local manufacturers and suppliers, as well as small retailers. Skeptics argue that the burdensome restrictions that the new law imposes on retail chains, as well as contractual relationships between suppliers and retailers, will raise costs and ultimately harm Russian consumers in the form of higher prices for food and other retail products.

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Antitrust & Consumer Protection

The Amazon-macmillan Ebook Kerfuffle: an Ode to Price Discrimination

Popular Media Price discrimination is the basic economics question in the current iPad-induced Amazon-Macmillan kerfuffle, even more basic than the DRM/property rights issues and the antitrust/resale price . . .

Price discrimination is the basic economics question in the current iPad-induced Amazon-Macmillan kerfuffle, even more basic than the DRM/property rights issues and the antitrust/resale price maintenance issues I discussed in my last post on the matter. Lots of people have weighed in on the subject in the past 36 hours, and I recommend some of them to your attention…

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Antitrust & Consumer Protection

Varney Gets It Right on RPM

TOTM Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference . . .

Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference at NYU Law School. (Kudos to Danny Sokol for co-organizing what promises to be a terrific event!) My paper criticizes four proposed approaches to evaluating RPM post-Leegin, and it sets forth an alternative approach that embodies the sort of error cost analysis Geoff and Josh have embraced in connection with monopolization doctrine. The paper largely builds on my recent William & Mary Law Review article on RPM, expanding the analysis to address recent developments in the caselaw and antitrust scholarship (e.g., I address the pending Babies-R-Us case).

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Antitrust & Consumer Protection

Varney on the Merger Guidelines

TOTM Yesterday the final Horizontal Merger Guidelines Review workshop was held and, among other antitrust luminaries, our own Josh Wright participated.  We look forward to a . . .

Yesterday the final Horizontal Merger Guidelines Review workshop was held and, among other antitrust luminaries, our own Josh Wright participated.  We look forward to a report from the front lines.

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Antitrust & Consumer Protection

The SEC gets that old time climate religion. Hallelujah, praise Gore.

TOTM Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change.  Commissioners Casey . . .

Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change.  Commissioners Casey and Paredes voted to reject the proposed guidance.

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Financial Regulation & Corporate Governance

Russian Retail Trade Law and Government Barriers to Entry

TOTM A new Russian retail trade law is scheduled to (at least partially) go into effect on February 1st.  The new retail trade law, with the . . .

A new Russian retail trade law is scheduled to (at least partially) go into effect on February 1st.  The new retail trade law, with the support of the national antitrust authority and Prime Minister Putin amongst others, has three essential features: (1) limiting the operation of chains to no more than 25 percent of total sales within particular geographic regions, i.e. prohibition on internal expansion or merger, (2) restrictions on the ability of suppliers and retailers to enter into slotting arrangements and other payments for shelf space, and (3) price controls on some subset of “socially-important” goods.

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Antitrust & Consumer Protection