Antitrust and Deregulation Abstract
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Twelve Fallacies of the “Neo-Antitrust” Movement
TWELVE FALLACIES OF THE “NEO-ANTITRUST” MOVEMENT Seth B. Sacher John M. Yun Antonin Scalia Law School, George Mason University George Mason University Law & Economics Research Paper Series 19-12 This paper is available on the Social Science Research Network at ssrn.com/abstract=3369013 TWELVE FALLACIES OF THE “NEO-ANTITRUST” MOVEMENT Seth B. Sachera and John M. Yunb Antonin Scalia Law School George Mason University May 1, 2019 Abstract Antitrust enforcement is back in the spotlight with advocates from both the political left and the populist political right demanding fundamental competition policy changes. While there are differences among those calling for such changes, several common beliefs generally unite them. This includes a contention that the writings and interpretations of Robert Bork and the Chicago School of economics have led antitrust astray in a manner fundamentally inconsistent with the original intent of the Sherman Act. Further, they are united by a belief that recent empirical, economic studies indicate the economy is becoming overly concentrated, that market power has been increasing dramatically, that performance in many, if not most, markets has been deficient, and that too much profit is going to too few firms. In this article, we identify and detail twelve fallacies of what we call the “neo-antitrust movement” and their associated claims. At the heart of these fallacies is a fundamental misunderstanding of economics and the consumer welfare standard that has been at the heart of competition policy since at least the 1960s. Additionally, there is a heavy reliance on studies that, upon closer scrutiny, do not support the positions of those who cite them. -
The Rule of Law & FTC: Thesis & Antithesis? Some Proposals
Volume 86 Issue 3 Dickinson Law Review - Volume 86, 1981-1982 3-1-1982 The Rule of Law & FTC: Thesis & Antithesis? Some Proposals John A. Maher Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation John A. Maher, The Rule of Law & FTC: Thesis & Antithesis? Some Proposals, 86 DICK. L. REV. 403 (1982). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol86/iss3/2 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. The Rule of Law & FTC: Thesis & Antithesis? Some Proposals John A. Maher* I. Introduction A. Recent Events December 17, 1980 is a remarkable date for those interested in either quality of government or, more particularly, evolution of the Federal Trade Commission's sense of the unfair.' On that day, the five Commissioners then in office2 purported to renounce Commis- sion reliance on what they apparently regarded as a non-exclusive substantive rule of decision concerning the content of their enabling 3 act's use of "unfair . .acts or practices." That renounced can be said to possess the cachet of Supreme Court approval by reason of a unanimous opinion in FTC.v. Sperry & Hutchinson Co.4 (S&H). * A.B. 1951, University of Notre Dame; LL.B. 1956, LL.M. (Trade Regulation) 1957, New York University; Professor, Dickinson School of Law. Professor Maher currently serves the Banking & Business Law Section of the Pennsylvania Bar Association as chairperson of its antitrust committee and as a member of its committee for reform and recodification of Penn- sylvania's corporation and partnership laws. -
Amazon's Antitrust Paradox
LINA M. KHAN Amazon’s Antitrust Paradox abstract. Amazon is the titan of twenty-first century commerce. In addition to being a re- tailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and ex- pand widely instead. Through this strategy, the company has positioned itself at the center of e- commerce and now serves as essential infrastructure for a host of other businesses that depend upon it. Elements of the firm’s structure and conduct pose anticompetitive concerns—yet it has escaped antitrust scrutiny. This Note argues that the current framework in antitrust—specifically its pegging competi- tion to “consumer welfare,” defined as short-term price effects—is unequipped to capture the ar- chitecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure competition primarily through price and output. Specifically, current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive. These concerns are height- ened in the context of online platforms for two reasons. First, the economics of platform markets create incentives for a company to pursue growth over profits, a strategy that investors have re- warded. Under these conditions, predatory pricing becomes highly rational—even as existing doctrine treats it as irrational and therefore implausible. -
Caspar Weinberger and the Reagan Defense Buildup
The University of Southern Mississippi The Aquila Digital Community Dissertations Fall 12-2013 Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup Robert Howard Wieland University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/dissertations Part of the American Studies Commons, Military History Commons, Political History Commons, and the United States History Commons Recommended Citation Wieland, Robert Howard, "Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup" (2013). Dissertations. 218. https://aquila.usm.edu/dissertations/218 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland Abstract of a Dissertation Submitted to the Graduate School Of The University of Southern Mississippi In Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy December 2013 ABSTRACT DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland December 2013 This dissertation explores the life of Caspar Weinberger and explains why President Reagan chose him for Secretary of Defense. Weinberger, not a defense technocrat, managed a massive defense buildup of 1.5 trillion dollars over a four year period. A biographical approach to Weinberger illuminates Reagan’s selection, for in many ways Weinberger harkens back to an earlier type of defense manager more akin to Elihu Root than Robert McNamara; more a man of letters than technocrat. -
Academia and Law, 63-64 Administrative Law Judges (Aljs), 54, 86
INDEX academia and law, 63-64 administrative law judges (ALJs), 54, 86, 153-54 advertising, 72 and children, 77 corrective, 52-53 industry study, 54-55 Joe Camel campaign, 167-68 Aleinikoff, T. Alexander, 184 American Bar Association Antitrust Law Section, 42,43,44,45, 93, 108-109, 138 Commission to Study the FTC, 42-50 second Kirkpatrick Commission Report, 84, 124 Anthony, Sheila, 163 AOL (America On Line), 140, 147-48 Areeda, Phillip E., 68, 71 Areen, Judith, 100, 101, 108, 184 Arnold & Porter, 30, 52, 60, 92, 178, 180, 182, 187 Ashenfeld, Orley, 143 Askanaga, Mary, 123 Association of American Law Schools (AALS), 67 automobile industry, 75-76 Baer, William J., 89-90, 124, 135, 160, 171 Baker, Jonathan, 124 Bar Association of the District of Columbia, 93-94 Bartel, Paul, 81 Bator, Paul, 64, 68, 70, 71 Baxter, William, 91 Beard, Dita, 87 Beechnut/Heinz, 142, 145-46 Bernstein, Jodie, 51-52, 124, 128, 133, 135, 139, 154, 165, 167, 171 Bar Association of the District of Columbia, 93, 94 and Food and Drug Administration (FDA), 173 identity theft measures, 176-77 review process changes, 169-70 Bernstein, Lewis, 28 Bingaman, Anne, 116-17,121, 137 Black, Charles, 19 Blake, Harlan, 39,40,43, 62 Boast, Molly, 171 Boies, David, 125, 156, 157 -AI- Bok, Betty, 43 Bork, Robert, 3 8, 120 BP/Arco, 148-49 Brandeis, Louis D., 125 Brennan, William J., 5, 100 Breyer, Stephen, 60, 68, 71, 152 Brown, Charles, 157 Browne, John, 148 Buc, Nancy, 5 1,56 Bureau of Consumer Protection. See Federal Trade Commission Burson, Charles, 119 Bush, George, 121, 179 Bush, George W., 163, 179, 180 Califano, Joseph, 33,61,68, 100, 106 Calkins, Stephen, 124 cartels, 128-30 Carter, James E. -
About the Author
ABOUT THE AUTHOR Dr. Arvind Sathi is the World Wide Communication Sector archi- tect for big data at IBM® . Dr. Sathi received his Ph.D. in business administration from Carnegie Mellon University and worked under Nobel Prize winner Dr. Herbert A. Simon. Dr. Sathi is a seasoned professional with more than 20 years of leadership in information management architecture and delivery. His primary focus has been in creating visions and roadmaps for advanced analytics at lead- ing IBM clients in telecommunications, media and entertainment, and energy and utilities organizations worldwide. He has con- ducted a number of workshops on big data assessment and roadmap development. Prior to joining IBM, Dr. Sathi was a pioneer in d eveloping k nowledge-based solutions for CRM at Carnegie Group. At BearingPoint, he led the development of enterprise integration, master data man- agement (MDM), and operations support systems / business support systems (OSS/BSS) solutions for the communications market, and also developed horizontal solutions for communications, fi nancial services, and public services. At IBM, Dr. Sathi has led several infor- mation management programs in MDM, data security, business intel- ligence, advanced analytics, big data, and related areas, and provided strategic architecture oversight to IBM’s strategic accounts. He has also delivered a number of workshops and presentations at industry con- ferences on technical subjects, including MDM and data architecture, 202 ABOUT THE AUTHOR and he holds two patents in data masking. His fi rst book, Customer Experience Analytics , was released by MC Press in October 2011, and his second book, Big Data Analytics , was released in October 2012. -
Emerging Challenges to US Entertainment Supremacy in the Movie Business
Observatorio (OBS*) Journal, 2 (2007), 167-190 1646-5954/ERC123483/2007 167 “Crouching Tigers”: Emerging Challenges to U.S. Entertainment Supremacy in the Movie Business Jonathan Taplin, Annenberg School for Communication, University of Southern California, U.S.A. Abstract This manuscript analyzes the dynamic change that globalization is bringing to the international knowledge society and the businesses related to this economic sector. Over the past twenty years the American economy has made its final transition from the industrial age to the information age, and if one looks at the export sector it shows that large media, software and pharmaceutical firms dominate the American export economy. While conventional wisdom assumes that the economies of scale that benefit classic manufacturers will also enhance the competitive position of firms that deal in the more intangible outputs of ideas, creativity and soft power, the author of this article argues that there are several countervailing forces that might slow the dominance of American firms in the world knowledge economy. The first is the rise of potent knowledge economies in Asia, Russia and Europe. The second relates to the devolutionary force of Internet Protocol technologies that provide new avenues of distribution for knowledge exports. Focusing on the Movie Business, the author examines to what extent these forces slow one of the major areas of American export success at a time of great global economic imbalances and increasing U.S. internal and external deficits, and also shows why these countervailing factors must be a source of great concern to policy makers. Introduction This paper will analyze the dynamic change that globalization is bringing to the International Knowledge Society and the businesses related to that economic sector. -
Move Fast and Break Things: a Conversation with Jonathan Taplin and Jeffrey Toobin
4/7/2017 Gmail INVITE 4/18: Move Fast and Break Things Peter Burgess <[email protected]> INVITE 4/18: Move Fast and Break Things 1 message New America NYC <[email protected]> Fri, Apr 7, 2017 at 11:20 AM ReplyTo: [email protected] To: Peter Burgess <[email protected]> Move Fast and Break Things: A Conversation with Jonathan Taplin and Jeffrey Toobin Register to Attend Since 2001, newspaper, music, publishing, film, and television revenues have fallen dramatically, while profits at these industries’ three biggest access points—Facebook, Amazon, and Google—have skyrocketed. More creative content is being consumed than ever https://mail.google.com/mail/u/0/?ui=2&ik=dccde4df7a&view=pt&search=inbox&th=15b49037435a4dae&siml=15b49037435a4dae 1/3 4/7/2017 Gmail INVITE 4/18: Move Fast and Break Things before, but less revenue is flowing to the creators and owners of the content. Move Fast and Break Things, a new book by media and entertainment expert Jonathan Taplin, tells the story of how a small group of entrepreneurs began in the 1990s to sieze the original decentralized vision of the Internet, creating a concentration of power that now determines the future of culture. But the stakes go far beyond any one artist or journalist: as a shrinking group of companies become the source of news and entertainment for more and more Americans, their status as cultural arbiters—and their impact on democracy—continues to grow. Join New America NYC for a the launch event of Move Fast and Break Things and for a conversation with Jonathan Taplin and Jeffrey Toobin on the twentiethcentury World Wide Web, the internet economy, and the impact they're having on the promise of American life. -
Register by 3/22/13 and Save $600
BACK BY POPULAR DEMAND! proudly presents... The only Anti-Piracy and Content Protection Summit for the Entertainment Industries with 4th over 20 hours of learning material Understanding Legal Trends and Technical Developments to Protect Your Content More Effectively Pre-Summit Workshops: June 24, 2013 | Main Summit: June 25-26, 2013 Hyatt Regency Century Plaza at Beverly Hills | Los Angeles, CA Our Experts Will Help You: Join Our Expert Speaker Faculty: OVERCOME IP and enforcement challenges Christian Genetski, General Counsel & Senior Vice Riley Russel, General Rick Cotton, General President, ESA Counsel, Sony Computer Counsel, NBC Universal Entertainment America Understand emerging technologies and their impact Robert Hernandez, Director on content protection Scott Bain, Chief Litigation Business Development, Spencer Stephens, CTO, Sony Pictures Entertainment Counsel & Director, Internet Sony DADC Anti-piracy, SIIA TAKE a holistic and business-oriented approach to Jennifer Choe Groves, Daniel Lucas, VP, Movielabs Partner and Vice Chair of the convert pirates into customers Intellectual Property Group, Richard Atkinson, Director Worldwide Anti-Piracy, Adobe Thomas Goebl, Product Eckert Seamans Cherin Management Content & Mellott STOP paid advertisement on rogue websites Security, Sony DADC Jane Sunderland, Content Protection Strategy Consultant, Sandra Aistars, Executive Lionsgate Betsy Viola Zedek, Director, Copyright Alliance Senior Counsel ENHANCE your litigation strategy in Asia Content Protection, Adam Landsman, VP Lucia Rangel, Vice-President Anti-piracy Operations, Latin Fox Entertainment Group Global Sales & Marketing, America and Asia-Pacific, Warner Brothers Friend MTS Michael Schlesinger, Vice President and Associate Vicki R. Solmon, Senior Vice Maximize your learning opportunities General Counsel, IIPA President, Anti Digital Theft & by registering for an All-Access Theatrical Distribution, Sony Pass which includes our interactive Jonathan Taplin, Director, Pictures Entertainment Inc. -
Panelist Bios
PANELIST BIOGRAPHIES CATE ADAIR Catherine Adair was born in England, spent her primary education in Switzerland, and then returned to the UK where she earned her degree in Set & Costume Design from the University of Nottingham. After a series of apprenticeships in the London Theater, Catherine immigrated to the United States where she initially worked as a costume designer in East Coast theater productions. Her credits there include The Kennedy Center, Washington Ballet, Onley Theater Company, The Studio and Wolf Trap. Catherine then moved to Los Angeles, joined the West Coast Costume Designers Guild, and started her film and television career. Catherine’s credits include The 70s mini-series for NBC; The District for CBS; the teen film I Know What You Did Last Summer and Dreamworks’ Win a Date with Tad Hamilton. Currently Catherine is the costume designer for the new ABC hit series Desperate Housewives. ROSE APODACA As the West Coast Bureau Chief for Women's Wear Daily (WWD) and a contributor to W, Rose Apodaca and her team cover the fashion and beauty industries in a region reaching from Seattle to Las Vegas to San Diego, as well as report on the happenings in Hollywood and the culture-at-large. Apodaca is also instrumental in the many events and related projects tied to WWD and the fashion business in Los Angeles, including the establishment of LA Fashion Week, and has long been a champion of the local design community. Before joining Fairchild Publications in June 2000, Apodaca covered fashion and both popular and counter culture for over a decade for the Los Angeles Times, USA Today, Sportswear International, Detour, Paper and others. -
Panel Consisting of Robert Pitofsky, Professor of Law, Georgetown University Law Center, Washing- Ton, Dc; Cass R
572 PANEL CONSISTING OF ROBERT PITOFSKY, PROFESSOR OF LAW, GEORGETOWN UNIVERSITY LAW CENTER, WASHING- TON, DC; CASS R. SUNSTEIN, PROFESSOR, UNIVERSITY OF CHICAGO LAW SCHOOL AND DEPARTMENT OF POLITICAL SCIENCE, CHICAGO, IL; AND MARTHA MATTHEWS, STAFF AT- TORNEY, NATIONAL CENTER FOR YOUTH LAW, AND FORMER LAW CLERK TO JUDGE STEPHEN G. BREYER, SAN FRAN- CISCO, CA STATEMENT OF ROBERT PITOFSKY Mr. PITOFSKY. Thank you, Senator Kennedy. It is a privilege to be invited to testify in these important hearings. I believe that Steve Breyer from all points of view is an outstand- ing nominee to the Supreme Court. I will concentrate today, how- ever, on that part of his record dealing with economic regulation and particularly his record in antitrust. That record has been sub- ject to very thoughtful questions by Senator Metzenbaum and oth- ers on the committee, and subject to some criticism by witnesses who testified a little earlier today. I recognize two themes in the criticism. One is sort of a numbers game approach that Judge Breyer is supposed to have decided an unusual number of cases in favor of defendants in antitrust cases, and then there has been some criticism of specific decisions. As far as the numbers game is concerned, first of all, if people are going to use the numbers game approach, they ought to get their numbers right. The claim is—I nave heard it repeatedly today—that he decided 16 consecutive cases against the defendant. Actually, the score was 14 to 2, and I cited two cases for the plain- tiff in my prepared testimony. -
Bait-And-Switch" Regulation
William & Mary Business Law Review Volume 4 (2013) Issue 2 Article 6 April 2013 Explaining "Bait-and-Switch" Regulation David Adam Friedman Follow this and additional works at: https://scholarship.law.wm.edu/wmblr Part of the Commercial Law Commons Repository Citation David Adam Friedman, Explaining "Bait-and-Switch" Regulation, 4 Wm. & Mary Bus. L. Rev. 575 (2013), https://scholarship.law.wm.edu/wmblr/vol4/iss2/6 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmblr EXPLAINING “BAIT-AND-SWITCH” REGULATION * DAVID ADAM FRIEDMAN ABSTRACT “Bait and switch” can describe a range of commercial behaviors com- mon in the everyday marketplace, but virtually ignored in the academic literature. The traditional definition of unlawful bait and switch applies to insincere offers to sell one item in order to induce the buyer to purchase another. Certain sellers have historically employed bait-and-switch tactics, including urban retailers, aluminum siding companies, and supermarkets. Colloquially, this definition can also cover lawful or other borderline sales tactics, including the use of teaser rates or low introductory pricing, or even “free offers.” Even common lawful tactics, like the deliberate routing of customers past other retail displays on their way to purchase high-volume or featured items, may involve “bait” to induce other purchases. Why are some of these behaviors lawful and others unlawful? In this Article, I examine several different flavors of bait-and-switch tactics, ex- ploring the underlying behaviors behind the tactics and the welfare impli- cations of regulating them.