Showing Latest Publications

A Defense of the Insurance Industry Antitrust Exemption?

TOTM The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here).  In the latter of those two links . . .

The subject of antitrust exemptions has been an oft-discussed topic here at TOTM (see, e.g. here and here).  In the latter of those two links I was somewhat critical of the DOJ for taking a neutral stance on the insurance industry exemption, which has now become rather wrapped up in the health care reform debate. I wrote…

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Amazon vs. Macmillan: It’s all about control

TOTM The Amazon vs. Macmillan controversy has been beaten to a pulp in the blogosphere.  See Megan McArdle, John Scalzi, Joshua Gans, Virginia Postrel, Lynne Kiesling, . . .

The Amazon vs. Macmillan controversy has been beaten to a pulp in the blogosphere.  See Megan McArdle, John Scalzi, Joshua Gans, Virginia Postrel, Lynne Kiesling, Lynne Kielsing and Lynne Kiesling, among others.  Pulp or no (get it? It’s a book/e-book pun), I haven’t seen anyone hit squarely on what I think is the crux of the issue: control rights.

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Wright’s Right on Posner

TOTM A couple of days ago, Josh wrote to correct the record on Judge Posner’s antitrust views. AAG Varney had implied that Posner has changed his . . .

A couple of days ago, Josh wrote to correct the record on Judge Posner’s antitrust views. AAG Varney had implied that Posner has changed his views on antitrust and now favors a more interventionist antitrust policy. Josh helpfully pointed us to Posner’s own remarks, which do not support Ms. Varney’s “gloss.”

Read the full piece here

Continue reading
Antitrust & Consumer Protection

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…

Read the full piece here.

Continue reading
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.

Read the full piece here

Continue reading
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.

Read the full piece (in Russian) here.

Continue reading
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…

Read the full piece here.

Continue reading
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).

Read the full piece here.

Continue reading
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.

Read the full piece here

Continue reading
Antitrust & Consumer Protection