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Blog o’ Blogs January 2015

By  |  January 20, 2015
January 2015, Volume 5, Number 1
We’re starting the new year with controversy, debating Uber’s surge pricing. Then moving on to a hot FTC topic— trade associations; two looks back at 2014; a couple of questions regarding Apple’s pricing; and some thoughtful commentary on privacy, government conduct, choice, SEPs, and exclusive dealing.  
Surge pricing and political ignorance
Many types of public ignorance about economic and political issues have persisted for decades with no sign of abating, and this case might turn out the same way.
Ilya Somin (Washington Post)
Is Opposition to Uber’s Surge Pricing Irrational?
Although a practice may be efficient, it doesn’t follow that everyone is made better off by it. 
Eric Posner (Posner Blog)
Unflattering Resemblance
Recent FTC settlements involving trade association rules serve as a reminder that sometimes, a close family resemblance to bad kin can attract unwanted antitrust attention.
Geoffrey Green (FTC’s Competition Matters)
The Ethics of Trade Association Code of Ethics
To the FTC, however, they amounted to nothing more than unlawful limits on free competition.
Mark Katz (Kluwer Competition Law blog)
And the 2014 winner is…

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    I don’t know whether one can accurately describe there being ‘winners’ and ‘losers’ in cartels, but the article…certainly highlights some interesting general trends in global cartel fining.

    Sam Villiers (Chillin’Competition)
    A Look Back at U.S. Antitrust Enforcement in 2014
    The Federal Trade Commission and Department of Justice Antitrust Division had another active year in antitrust enforcement in 2014.
    Jeffrey May (AntitrustConnect    )
    A Small Bite at the Apple
    But I felt the government’s story may have been easier to understand and perhaps more persuasive (including in the court of public opinion) if Apple had been charged with aiding and abetting. 
    Robert Connolly (Cartel Capers)
    Something is wrong with Apple’s International app pricing
    This may help consumers but it would, more importantly, likely help developers in keeping those app store revenues high.
    Joshua Gans (Digitopoly)
    Dancing around data
    Privacy and competition issues shouldn’t neatly fall into distinct compartments – but most enforcers have blithely left them there.
    Maurice Stucke & Allen Grunes (The Hill)
    Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
    It may be possible to further tweak antitrust to apply a bit more broadly to governmental conduct, without upsetting the constitutional balance.
    Alden Abbott (Truth on the Market)
    EU competition law and choice: falling back into old habits
    It is not clear why choice as such would be advocated after the experience acquired over many decades.
    Pablo Ibáñez Colomo (Chillin’Competition)
    Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents
    The recent Federal Circuit and IEEE decisions are cause for some optimism for companies that build products based on industry standards that are encumbered by standard-essential patents.
    David Golden (Antitrust Today)
    McWane in the 11th Circuit: When Is Exclusive Dealing Anticompetitive?
    Who would have thought that ductile iron pipe fittings would make for such an interesting antitrust case? 
    Steven Cernak (AntitrustConnect Blog)
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