In this issue:
Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine). In this issue, we’re revisiting an old friend – Leegin. Numerous states and Congress continue to be unhappy with the Supreme Court ruling and each is trying to determine how to turn the clock back. We present both sides of the argument. We’re also following up on our October book issue where James Grimmelmann is looking at whether the revised Google amendment now being considered truly addressed the orphan issue. Finally Shanker Singham is presenting a segue into a new focus for CPI going forward, Consumer Protection, with his discussion of the difference between consumer protection and consumer welfare. Enjoy!
This flurry of legislative activity raises the question: Can a state overturn Leegin consistent with the United States Constitution? The answer to that question is no, at least to the extent the state regulates conduct that is wholly outside its borders.
Several states legislatures are trying to roll back the clock and restore the per se illegality of RPM. This, we argue, is a mistake based on faulty economic reasoning.
The debate over RPM has persis