Wednesday, April 13, 2005
Professor David Shores of Wake Forest Law School has published an interesting paper on SSRN entitled Economic Formalism in Antitrust Decisionmaking. He crriticizes formal economic thinking in antitrust jurisprudence and draws a parallel with the formalism of the Lochner opinion.
One mystery from the Lochner era and the early years of antitrust jurisprudence is Justice Peckham, who authored Lochner and also wrote the opinion in Trans Missouri Freight, an early Sherman Act opinion that made all agreements among competitors anti-competitive. Although both Lochner and Trans Missouri Freight illustrate the dangers of formalism, it is worth noting that Peckham, who extolled the liberty of contract in Lochner, readily struck down a contract a few years earlier in Trans Missouri Freight, characterizing it as the type of industry self-regulation that the Sherman Act forbid.
As a settlement of issues arising from US v Microsoft, Gateway and Micrososoft announced a settlement yesterday totalling $ 150 million. The payment will be used by Gateway to develop and sell systems running Windows. Hmmm, wonder who wins from all if this. The news from Redmond provides more details. The report from Information Week provides another viewpoint.
Tuesday, April 12, 2005
In a speech at a conference last week, Neelie Kroes recommended that the EU consider US style plea bargaining and whistleblower protections in order to enhance antitrust enforcement. Stressing the need for harmonization in international antitrust enforcement, particularly in area of cartelization, Commissioner Kroes pointed out the need to emulate certain US enforcement tools, such as secret grand jury investigations and threat of criminal prosecution.
Monday, April 11, 2005
We are thrilled to announce that LexisNexis has agreed to sponsor all of the blogs in our Law Professor Blogs Network:
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