Resources Archive - Page 9 of 222 - International Center for Law & Economics

March 9, 2018

Podcast: Why Tech Companies Are Worried about the Ohio v. Amex Case

Geoffrey A. Manne

Summary A U.S. Supreme Court case over the legitimacy of a credit card issuer’s terms of business with its merchant establishments is reverberating far and wide. Among others, it is…

Antitrust & Consumer Protection

March 6, 2018

Causing harm in the name of safety: Political opposition to non-combustible tobacco products

Eric Fruits & Geoffrey A. Manne

In January a Food and Drug Administration advisory panel, the Tobacco Products Scientific Advisory Committee (TPSAC), voted 8-1 that the weight of scientific evidence shows that switching from cigarettes to an innovative, non-combustible…

Innovation & The New Economy

March 5, 2018

The First Priority of Antitrust Analysis is Getting It Right, Not Making it Easier

Kristian Stout & Gus Hurwitz

Excess is unflattering, no less when claiming that every evolution in legal doctrine is a slippery slope leading to damnation. In Friday’s New York Times, Lina Khan trots down this…

Antitrust & Consumer Protection

February 26, 2018

TESTIMONY, Competition in the Pharmaceutical Supply Chain: The Proposed Merger of CVS Health and Aetna

Geoffrey A. Manne

Summary Chairman Marino, Ranking Member Cicilline, and Members of the Com- mittee, thank you for giving me the opportunity to testify before you today. The overriding point of my testimony…

Antitrust & Consumer Protection

February 15, 2018

Trade Agreements and Restatements as End Runs Around the Rule of Law

Kristian Stout

The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution…

Intellectual Property

February 7, 2018

Innovation Competition, Unilateral Effects and Merger Control Policy

Nicolas Petit

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to effective innovation competition” (“SIEIC”) as a result of a reduction in post-merger R&D efforts (including lower expenditure).

Antitrust & Consumer Protection

January 26, 2018

The Unreasonable Demands of Antitrust Populism

Kristian Stout

A panelist brought up an interesting tongue-in-cheek observation about the rising populist antitrust movement at a Heritage antitrust event this week. To the extent that the new populist antitrust movement…

Antitrust & Consumer Protection

January 25, 2018

Amicus Brief, Ohio v. American Express

Geoffrey A. Manne & Babette Boliek & James Cooper & Richard Epstein & Thomas Hazlett & Gus Hurwitz & Jonathan Klick & Thomas Lambert & Tad Lipsky & David Teece & Joshua Wright & Christopher Yoo

Summary While the three-step burden-shifting framework for evaluating antitrust cases under the rule of reason is conceptually well-accepted and understood, case law remains unclear regarding what suffices to satisfy each…

Antitrust & Consumer Protection

January 24, 2018

Josh Wright on Trump's Antitrust Authorities in National Review

Joshua Wright

When President Trump was first voted into office, there was significant speculation as to what changes we could expect to see within antitrust enforcement. The Obama administration had for eight…

Antitrust & Consumer Protection