June, 2011, Blog o’ Blogs
Our justices have been very busy this month; we highlight a number of decisions that impact antitrust: Walmart, Brantley, Mercatus v Lake Forest. In other areas, two of our authors question the FTC’s motivations, two European authors look into who should pay for competition law and the role of competition in economic growth, and we investigate how the reverse payments controversy also applies to high tech companies. Our final article poses a lesson in Greek mythology: Were Cassandra’s prophecies right or wrong?
A Death Blow to Class Action?
What will be the impact of the Supreme’s Walmart v. Dukes decision-a N.Y. Times debate.
Suzette Malveaux (Catholic Univ.), Matthew Bodes (St. Louis Univ.), Ralph Richard Banks (Stanford), John Elwood (Appellate Lawyer), Tanya Hernandez (Fordham Law), Richard Primus (Univ. of Michigan), & Melissa Hart (Univ. of Calif.)
Ninth Circuit Moves Tying Doctrine in the Right Direction. Will Scotus Follow?
If appealed, the decision could provide the Roberts Court with an opportunity to do for tying what its Leegin decision did for resale price maintenance.
Thom Lambert (Truth on the Market)
Who Should Pay for Competition Law Enforcement?
The current UK consultation suggests that in the main it should be [some of] the users.
Martin Hviid (East Anglia)
Antitrust Unit Tightening Up?
This administration, just like the previous one, is generally focused on whether it can win in court.
Danielle Douglas (Washington Post)
First Amendment Rights Provide Antitrust Shield for Successful Petitioning to Block Potential Rival
How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws??
Jeffrey May (AntitrustConnect Blog )
What’s Really Motivating the Pursuit of Google?
When economic sense takes a back seat to political aggrandizement, we should worry about the effect on markets, innovation and the overall health of the economy.
Geoffrey Manne (Main Justice)
Reverse Payment Terms in ANDA Settlement Agreements
Never ask for whom the bell tolls.
David Ryan (excerpt from The Computer and Internet Lawyer)
Europe’s Competitiveness Trap
A flawed understanding of what drives economic growth has emerged as the gravest threat to recovery in Europe.
Simon Tilford (Project Syndicate)
Cassandra, the Fear of Overregulation, and the CFPB
Baram (in the Huffington Post) may have stumbled upon something here.
Josh Wright (Truth on the Market)