Author of “How to Regulate.” Mizzou Law prof (antitrust, corporations, contracts, regulatory economics). Recipient of much grace.✝️

Joined February 2018
122 Photos and videos
Thom Lambert retweeted
China watching the US import EU regulations designed to hobble its own tech sector
Four years after it died, the US Congress is reviving one of the most significant antitrust bills Apple has faced in years. The fight over big tech, App Stores, and platform control is alive again. appleinsider.com/articles/26…
3
6
27
11,937
Suggesting that AICOA promotes “free market competition” is nuts.
Replying to @laz_radic
Now this is full on xenophobic propaganda designed to undermine free market competition in the free world. Shame on you.
5
428
I appreciate this explanation from @danielahanley. I think we're largely quibbling over semantics. There's no doubt that Tampa requires defining a market, calculating foreclosure percentage, and assessing likely competitive effects in light of contextual factors. I call that...
Ok @profthomlambert here is my full response. 1. As the legislative history makes abundantly clear, Congress expressly enacted the Clayton Act in response to Standard Oil's (primordial) RoR. So it wouldn't make sense for a statute to use the RoR when it was enacted to avoid it.
2
2
2,125
"in relation to the total volume of commerce in the relevant market area, and the probable immediate and future effects which pre-emption of that share of the market might have on effective competition therein," the prescribed evaluative approach is a rule of reason analysis, ...
1
2
130
as the Third Circuit has recognized.
1
113
Tampa Electric instructed courts to assess exclusive dealing by defining the relevant market (product and geographic) and determining whether the foreclosure occasioned by the challenged agreement is substantial. It added: “To determine substantiality in a given case, it is necessary to weigh the probable effect of the contract on the relevant area of effective competition, taking into account the relative strength of the parties, the proportionate volume of commerce involved in relation to the total volume of commerce in the relevant market area, and the probable immediate and future effects which preemption of that share of the market might have on effective competition therein.” The Court may not have used the magic words “rule of reason,” but that’s a rule of reason assessment.
Simply put, my opponents won't (& may be can't) read the legislative history, statutory text, or jurisprudence. ICLE says (while also calling my org’s argument “bizarre”) that “Tampa Electric explicitly prescribed a rule of reason analysis.” No it didn’t. It's that simple folks.
1
2
10
5,710
This will be essential reading for antitrust folks. Most excited!
I am starting a substack newsletter, “The Monopoly Problem,” substack.com/home/post/p-199…. Please sign up for a free subscription and I will try to make it worth your while. I will post as often as my day job permits. Herb Hovenkamp
1
7
731
Thom Lambert retweeted
Replying to @johnmarknewman
Respectfully disagree. Yes, in the 50ish years since consumer welfare became dominant, lots of judges and academics have said things we now know to be wrong. But even pure IO economics has transformed greatly in that time. Antitrust is economic policy, so its decisions should be guided by economics. But 2/3rds of antitrust populism is utterly incompatible with modern economics, and most of the rest is dubious at best. The “mainstream” school of thought will always be criticized whenever anything goes wrong. But antitrust is hard and mistakes are inevitable. The question is whether antitrust populism would do better. But we’ve already run that experiment. The first half of the 20th century showed that nebulous moral ideas are not a good basis for deciding antitrust cases.
2
3
14
1,614
The roar when this kid walks out on Faurot field is gonna be insane.
Sources: Star Missouri running back Ahmad Hardy is being released from the hospital today after getting shot in the upper leg on early Sunday morning. He plans to head to Missouri’s campus immediately to begin rehabbing with the goal of playing this year.
4
455
Two absolute super stars here.
33yr old DOLLY PARTON was still a year away from the superstardom “9 To 5” would bring her but here she is with a song she wrote just for Johnny and proving that you you can still shred a guitar whilst wearing 5-inch nails. A super Superstar.
1
7
783
Maybe it’s a Michigan thing, but I can assure folks there’s no “Fuentes Fed Soc” at Mizzou Law. I assume this esteemed professor doesn’t mean to smear the entire organization.
8
803
Thom Lambert retweeted
This is a colossal failure on the part of the Biden admin (and antitrust hawks generally). The government stopped Spirit from merging with JetBlue over concerns about ticket prices. So instead the low-price company will just shut down instead. A total faceplant.
Spirit Airlines Prepares to Shut Down as Rescue Deal Falls Apart on.wsj.com/3QKfKKD
521
736
5,804
671,094
Thom Lambert retweeted
In a new amicus brief, @profthomlambert, @DanielJGilman1, and @geoffmanne urge the Third Circuit to reject an antitrust strike suit against Hill-Rom. Full brief below ⬇️
1
2
8
372