The Archives

Everything written by Paul Gift on law, economics, and more

Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.

I’d like to share a quote on banking industry regulation: “To restrain private people, it may be said, from receiving in payment the promissory notes of a banker for any sum, whether great or small, when they themselves are willing to receive them; or, to restrain a banker from issuing such notes, when all his ... Fool me once, shame on…shame on you. Fool me – you can’t get fooled again.

How About a Little Personal Responsibility?

I was reading an article last week about the SEC temporary ban on short-sales and came across the following quote: Short-selling can contribute to efficiency while adding liquidity to the markets. But a recent wave of the maneuvers — profiting by selling unowned shares of companies in the anticipation their prices will drop — has ... How About a Little Personal Responsibility?

Comment on "Barnett on Sirius-XM"

I can’t seem to get my comment on Geoff’s XM-Sirius post below to go through, so I’ll just post it: I would still disagree with the DOJ when they say “there is not likely to be significant competition…through the car manufacturer channel for many years.”  As mentioned, the exclusive contract is competition.  Even though they ... Comment on "Barnett on Sirius-XM"

WPT Enterprises Trial Date Extended to August 5

Just as the April 1 trial date was approaching in the lawsuit by seven elite-level poker players against WPT Enterprises, it has been extended four months to August 5.  The case involves antitrust claims of exclusive dealing and price-fixing as well as the non-antitrust issue of contractual interference with respect to the releases players must sign before competing ... WPT Enterprises Trial Date Extended to August 5

Amateurism Is What We Do!

Yesterday, the NCAA settled a horizontal price fixing class action case initiated by former basketball and football players (here, here, and here).  It’s nice to see the student-athletes get something, but I wish they would have received more.  The suit deals with the difference between the NCAA’s grant-in-aid (GIA) cap and the full cost of ... Amateurism Is What We Do!

Should We Protect Ourselves From Dreaded Free Shipping?

In France, it has been ruled that Amazon can no longer offer free shipping on book purchases. Don’t you just love it when competition policy protects certain competitors instead of actual competition? The protected competitors here are “vulnerable small bookshops.” Last I checked, the essence of competition is that “vulnerable” or inefficient competitors are supposed ... Should We Protect Ourselves From Dreaded Free Shipping?

Prediction Markets & XM/Sirius

I had never heard of Intrade before.  Maybe I live in a hole. Let’s see here:  I’d love to short the bid for Dec. 07 if it wasn’t at zero.  No way I’d touch the 10 ask.  I think there’s over a 90% chance this goes into next year.  The bid/ask spread is so big for ... Prediction Markets & XM/Sirius

ET Radio Merger Countdown

The countdown is on for the XM-Sirius merger decision! (I wouldn’t be optimistic that the “end of the year” decision target will stand.)  Former FCC Chairman Reed Hundt and Representative Rich Boucher (D-Va) have recently come out in favor of the merger.  As everyone knows, it’s all about market definition, baby!  I’m not a gambling man, but I’d love ... ET Radio Merger Countdown

Hello, have you met my friend Ubuntu?

Hello everyone!  I’m glad and excited to be a new part of Truth on the Market.  I’d like to thank Josh for inviting me.  Unfortunately, I’ll be very busy through the end of the year so I probably won’t get to post with great frequency, but I look forward to posting more in the future. ... Hello, have you met my friend Ubuntu?

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