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Truth on the Market

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Last Entry: April 01, 2011 at 00:51:38

Section 2 Symposium: Dan Crane on Buyer-Instigated Bundled Discounts

Posted on May 06, 2009
Daniel Crane is a Professor of Law at Cardozo Law School (soon to be at University of Michigan Law School). Bundled discounts have been one of the hottest monopolization topics of the last decade. Much of the trouble began with the Third Circuit?s en banc decision in LePage?s v...

Section 2 Symposium: Thom Lambert on The DOJ-FTC Divide on Bundled Discounts

Posted on May 06, 2009
Thom Lambert is an Associate Professor of Law at University of Missouri Law School and a blogger at Truth on the Market. A bundled discount occurs when a seller offers to sell a collection of different goods for a lower price than the aggregate price for which it would sell the constituent products individually...

Section 2 Symposium: Welcome to Day 2 on Section 2 and the Section 2 Report–The Debate over General Standards

Posted on May 05, 2009
Geoffrey Manne is Director, Global Public Policy at LECG and a Lecturer in Law at Lewis & Clark Law School. He is a founder of Truth on the Market. Josh Wright is Assistant Professor at George Mason University School of Law and a former Scholar in Residence at the FTC...

Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?

Posted on May 05, 2009
Bruce Kobayashi is a Professor of Law at George Mason Law School. One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court?s recent rulings in Leegin (eliminating per [...

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Section 2 Symposium: Bill Page on Microsoft and the DOJ?s General Standards of Exclusion

Posted on May 05, 2009
William Page is a Marshall M. Criser Eminent Scholar in Electronic Communications and Administrative Law at the University of Florida, Levin College of Law. The DOJ?s § 2 Report offers two recommendations under the heading of ?General Standards for Exclusionary Conduct...

Section 2 Symposium: Michael Salinger on Error Costs and the Case for Conduct-Specific Standards

Posted on May 05, 2009
Michael A. Salinger is a managing director in LECG?s Cambridge office and a professor of economics at the Boston University School of Management, where he has served as chairman of the department of finance and economics. He is a former Director of the Bureau of Economics at the FTC...

Section 2 Symposium: Keith Hylton on The Error Cost Approach and the Case for “Substantial Disproportionality”

Posted on May 05, 2009
Keith Hylton is a Professor of Law at Boston University School of Law. [Eds - This post originally appeared on Day 1 of the Symposium, but we are re-publishing it today because it bears directly on today's debate over general standards] The ?error cost? or ?decision theory? approach to Section 2 legal standards emphasizes the probabilities [...

Section 2 Symposium: Bill Kolasky on a Stepwise Rule of Reason for Exclusionary Conduct

Posted on May 05, 2009
William Kolasky is a partner in WilmerHale’s Regulatory and Government Affairs Department, a member of the firm’s Antitrust and Competition Practice Group, and a former Deputy Assistant Attorney General in the Antitrust Division at the Department of Justice...

Section 2 Symposium: Thom Lambert on Defining and Identifying Exclusionary Conduct

Posted on May 05, 2009
Thom Lambert is an Associate Professor of Law at University of Missouri Law School and a blogger at Truth on the Market. There?s a fundamental problem with Section 2 of the Sherman Act: nobody really knows what it means. More specifically, we don?t have a very precise definition for ?exclusionary conduct,? the second element of [...

Section 2 Symposium: Howard Marvel–An Economist’s View

Posted on May 04, 2009
Howard P. Marvel is Professor of Economics in the Department of Economics and Professor of Law in the Moritz College of Law, both at The Ohio State University. In the wake of Bork and Posner, and Baxter and the Reagan Revolution, a consensus emerged that big could be bad, but the harm that dominant firms could [...

Section 2 Symposium: Keith Hylton–An Economist’s View

Posted on May 04, 2009
Keith Hylton is a Professor of Law at Boston University School of Law. The “error cost” or “decision theory” approach to Section 2 legal standards emphasizes the probabilities and costs of errors in monopolization decisions. Two types of error, and two associated types of cost are examined...

Section 2 Symposium: David Evans–An Economist’s View

Posted on May 04, 2009
David Evans is Head, Global Competition Policy Practice, LECG; Executive Director, Jevons Institute for Competition Law and Economics, and Visiting Professor, University College London; and Lecturer, University of Chicago. The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century...

Section 2 Symposium: Alden Abbott on the View from Within the FTC

Posted on May 04, 2009
Alden Abbott is Associate Director, Bureau of Competition, Federal Trade Commission. The views expressed below are solely attributable to the author. They do not necessarily represent the views of the Federal Trade Commission or of any individual Federal Trade Commissioner...

Section 2 Symposium: Dan Crane on Framing the Debate

Posted on May 04, 2009
Daniel Crane is a Professor of Law at Cardozo Law School (soon to be at University of Michigan Law School). I must confess that my basic reaction to the Section 2 report was disappointment. It’s not that I find much fault with the report itself–a few quibbles yes, but generally I find it quite satisfactory–but that [...

Section 2 Symposium: Michael Salinger on Framing the Debate

Posted on May 04, 2009
Michael A. Salinger is a managing director in LECG?s Cambridge office and a professor of economics at the Boston University School of Management, where he has served as chairman of the department of finance and economics. He is a former Director of the Bureau of Economics at the FTC...

Section 2 Symposium: Tad Lipsky on Framing the Debate

Posted on May 04, 2009
Tad Lipsky is a partner in the Washington, D.C. office of Latham & Watkins and a former Deputy Assistant Attorney General with the Department of Justice. When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique issued [...

Welcome to the TOTM Section 2 Report Symposium

Posted on May 04, 2009
Section 2 and the Section 2 Report: Perspectives and Evidence Geoffrey Manne is Director, Global Public Policy at LECG and a Lecturer in Law at Lewis & Clark Law School. He is a founder of Truth on the Market. Josh Wright is Assistant Professor at George Mason University School of Law and a former Scholar in Residence at [...

TOTM Online Symposium Announcement: Section 2 and the Section 2 Report

Posted on May 03, 2009
REMINDER: Section 2 Symposium Begins Tomorrow! We are pleased to announce the next Truth on the Market online symposium: Section 2 and the Section 2 Report: Perspectives and Evidence We have an incredible line up of participants for the symposium, and we (modestly) believe that this will be the most significant online antitrust event to date...

Web Seminar: Antitrust Economics 101

Posted on May 01, 2009
I’ll be teaching an interactive web seminar on basic microeconomic concepts that form the basis of antitrust analysis through Competition Policy International’s Learning Center on three consecutive Wednesdays: May 13, 20, and 27th. CLE credit is available for practicing lawyers...

Maryland Adopts New Per Se Rule for Minimum RPM

Posted on May 01, 2009
A new law in Maryland will take effect on October 1 and will re-instate the Dr. Miles rule for minimum RPM. The Wall Street Journal reports that it is a “move that could lead to lower prices for consumers across the country.” I doubt it...

Mossoff on the Rise and Fall of the Sewing Machine Patent Thicket

Posted on April 30, 2009
My colleague Adam Mossoff is blogging over at the Volokh Conspiracy on his fascinating paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket. Here’s an excerpt from the first post: The debate centers on whether patent thicket theory accurately explains or predicts such problems in practice, and the empirical [...

TOTM Online Symposium Announcement: Section 2 and the Section 2 Report

Posted on April 28, 2009
We are pleased to announce the next Truth on the Market online symposium: Section 2 and the Section 2 Report: Perspectives and Evidence We have an incredible line up of participants for the symposium, and we (modestly) believe that this will be the most significant online antitrust event to date...

What does Tyler know about law and economics, anyway?

Posted on April 28, 2009
Over at Crooked Timber, Tyler Cowen comments on Steve Teles’ book on conservative legal movements. I never get tired of plugging Steve’s book (as he knows), so I’ll do it again here: It’s a great book, a riveting read, and instructive, to boot...

Ribstein on Business, Film and Law

Posted on April 26, 2009
Wrapping up what looks like a very interesting conference at the University of Illinois on the interaction between business, film, and law, Larry Ribstein shares some thoughts in an excellent post. Readers of Ideoblog will be familiar with Professor Ribstein’s take on how artists’ negative views of capitalists find their way into film...

Some Reading

Posted on April 21, 2009
Solow reviews Posner on the financial crisis Dave Hoffman has an excellent post summarizing the consumer bankruptcy debate in empirical legal scholarship in a series of recent papers between Rafael Pardo and a group including Bob Lawless, Angela K. Littwin, Katherine M...

“We’re Kinda Worried About the Monopoly Thing”

Posted on April 20, 2009
That’s from Firefox chief software architect Mike Connor in an interview with PCPro. Here’s an excerpt suggesting that Mozilla fears that its recent success might lead to antitrust liability in the United States or elsewhere: Firefox has only just tipped past the 20% mark in worldwide browser market share, and is still a long way away [...

Glaxo/Pfizer HIV Drug Collaboration

Posted on April 17, 2009
There’s an interesting story in the WSJ about a merger between the HIV-drug businesses at Glaxo and Pfizer. Some details from the story: Examples of cooperation among drug giants are unusual — Pfizer and Glaxo are the world’s top two drug companies by sales, respectively — since big pharmaceutical companies compete to sell products, attract top [...

Randy Picker on the Google Book Settlement

Posted on April 17, 2009
Randy Picker has posted The Google Book Settlement: A New Orphan Works Monopoly? to SSRN. I have not been following the antitrust issues related to the settlement as closely as I should be and so I’m really looking forward to reading this. Here is the abstract: This paper considers the proposed settlement agreement between Google and [...

Weekend Reading

Posted on April 17, 2009
Mike Sykuta on GM and Transaction Cost Economics (O&M) Peter Klein on Antitrust and the Theory of the Firm (again, O&M) John Pfaff continues his series on evidence-based empirical work (at Prawfs) Who Games SSRN Download Counts? Guido Imbens (from whom I took econometrics at UCLA) defends randomized experiments in development economics against the critics (HT: Freakonomics) (see also [...

Call for Papers: FTC/Northwestern University Second Annual Microeconomics Conference

Posted on April 16, 2009
The Federal Trade Commission and the Searle Center at Northwestern are hosting the second annual Microeconomics Conference. The conference will take place on November 19th and 20th at the FTC. Here’s the conference announcement and call for papers: The Federal Trade Commission’s Bureau of Economics, Northwestern University?s Searle Center on Law, Regulation and Economic Growth, and [...

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