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Regulating Local Food Out of the Market

TOTM The Nanny Brigade has once again descended on the Windy City. It previously sought to protect us from unhealthy trans fats, smoking in private establishments . . .

The Nanny Brigade has once again descended on the Windy City. It previously sought to protect us from unhealthy trans fats, smoking in private establishments that we voluntarily patronize, and those oh-so-offensive theatrical depictions of smoking. The Nannies are now working to protect Chicago’s well-heeled from risks associated with the locally produced, artisanal sausages sold in some of the city’s finest restaurants. Whatever would we do without these folks (other than enjoy our lives more)?

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Innovation & the New Economy

Paul Krugman is a partisan hack

TOTM Occasionally I read Mr. Krugman’s column for entertainment purposes — sort of like watching Project Runway or Animals Gone Wild. This morning was one of . . .

Occasionally I read Mr. Krugman’s column for entertainment purposes — sort of like watching Project Runway or Animals Gone Wild. This morning was one of those occasions. The man is a partisan hack of the worst sort. Why does anyone take his political observations seriously?

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Innovation & the New Economy

Art and Politics

TOTM When I first met my father in law, he spent hours trying to convince me of the cultural superiority of his tastes. Some of these . . .

When I first met my father in law, he spent hours trying to convince me of the cultural superiority of his tastes. Some of these were indeed triumphs. I’m thinking here of “Dr. Strangelove,” “The 400 Blows,” and the music of Richard Wagner. (Others were not. I’m thinking here of “Children of Paradise,” a movie about mimes.) His love of Wagner is curious; he was born in Israel and almost his entire family was murdered in the Warsaw ghetto. This is not a trivial issue. Hitler loved Wagner too, and used his music for political ends. Wagner was himself a hater of Jews. Accordingly, Israel banned public performance of Wagner’s music nearly six decades ago, and the taboo was not broken until 1995 when “The Flying Dutchman” was played on Israeli radio. Six years later Daniel Barenboim (a Jew) led the Berlin Staatskapelle in a performance of an overture from “Tristan und Isolde” at an Israel Festival, which only reignited the controversy.

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Intellectual Property & Licensing

‘Diminishing the price of law’

TOTM The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not . . .

The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not a new idea. In a critical essay of “Southey’s Colloquies on Society,” Lord Thomas Macaulay wrote eloquently about the cost of law and government…

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Financial Regulation & Corporate Governance

Who decides how much to pay?

TOTM What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme . . .

What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme Court will answer in Jones v. Harris Associates, argued last month. At first, the question seems silly: courts don’t get a say in how much I get paid or how much (beyond the minimum wage) I pay our nanny, so why would they have any say here.

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Financial Regulation & Corporate Governance

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

TOTM There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But . . .

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted to share two thoughts about defenses for the move that appear in those statements.

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Antitrust & Consumer Protection

Another Mis-step in Reactionary Regulation

TOTM Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment . . .

Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment banks. Apparently Rep. Hinchey is preparing a similar assault in the House.

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Financial Regulation & Corporate Governance

It’s a Section 5!

TOTM The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at . . .

The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting.

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Antitrust & Consumer Protection

The seeds of an antitrust disaster

TOTM If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of . . .

If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year:  The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market.

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Antitrust & Consumer Protection