The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “”

Starbucks Antitrust Update

WSJ Law Blog offers a follow up (and the complaint!) to Keith’s post (also check out the discussion in the comments) on the antitrust suit filed by an independent coffee shop owner against Starbucks concerning the use of exclusive leases with landowners. After reviewing the complaint, I agree with Lauren Albert, the antitrust lawyer quoted ... Starbucks Antitrust Update

Another study on the harm of backdating

Consistent with the finding of the article described here, this article describes a Bloomberg study finding that backdating “has so far cost investors at least $7.9 billion in market value.” The analysis looks to have controlled for industry specific factors by comparing returns to applicable sector indexes. What’s not clear, and this is a point ... Another study on the harm of backdating

AMD-Intel Update

Judge Farnan dismisses AMD’s foreign commerce claims for lack of jurisdiction. (HT: Antitrust Review, who also has the opinion).

Martin Lipton on Boardroom Confidentiality

Martin Lipton of Wachtell, Lipton, Rosen & Katz issued a short memo yesterday on “boardroom confidentiality” or “what I would have advised HP to do had they asked.” Click here for the memo.

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

AEI/Brookings Antitrust Volume

The AEI and Brookings have released a volume entitled “Antitrust Policy and Vertical Restraints.”  You can check out the contents here, and it is available for purchase here.  The volume focuses primarily on tying, and includes a well-rounded set of important contributions from Robert Hahn, Dennis Carlton & Michael Waldman, David Evans, and my colleague ... AEI/Brookings Antitrust Volume

Espresso Exclusivity?

Belvi Coffee and Tea Exchange cannot be serious. The firm is suing Starbucks for exclusive dealing in the Seattle and Bellevue, Washington real estate markets. The suit alleges that Starbucks has leased real estate at above-market prices in exchange for commitments by the landlords to exclude other coffee shops from the building. Let’s take Belvi’s ... Espresso Exclusivity?

Hedge Fund Deregistration

This Bloomberg article notes that 106 hedge funds have withdrawn their registrations under the Advisers Act since the SEC’s rule requiring registration was struck down in Goldstein v. SEC. According to the article: SEC spokesman John Heine said 70 hedge fund managers told the agency they opted out because registration is no longer required. The ... Hedge Fund Deregistration

Backdating did harm investors.

Three Michigan B school profs have a new paper up on SSRN entitled “The Economic Impact of Backdating Executive Stock Options.� The paper adds some important data to the backdating debate. Specifically, the paper looked at 45 firms implicated in the backdating scandal and found that over a 21-day period surrounding the revelation of backdating, ... Backdating did harm investors.

CELS 2006 at Texas

When Larry Solum announces that the Conference on Empirical Legal Studies is “one of those events that is likely to be remembered,” it is likely that this will be an important event in the legal academy.  I’ve already started reading a number of interesting papers from this conference, and am excited about presenting my own ... CELS 2006 at Texas

Thoughts on Walker on Backdating

Professor Ribstein responds to David Walker’s backdating article, which Bill highlighted here at TOTM a few weeks ago. Larry’s take? This is a useful paper as far as it goes. The problem is that it has missed a significant chunk of the “literature” on this rapidly developing topic that has developed in our rapidly developing ... Thoughts on Walker on Backdating

Antitrust Canons

Matt Bodie’s “Canons” project continues over at Prawfs, and antitrust is up to bat.  I took a stab at a reading list which I believe meet’s Matt’s criteria: articles that are essential to doing antitrust scholarship.  My long, but embarrassingly underinclusive list, is below the fold.  In particular, I have left out a good deal ... Antitrust Canons