The Archives

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

Showing results for:  “digital markets act”

Elena Kagan Email on the Solomon Amendment

A story in the WSJ Today describes how Elena Kagan is likely to face opposition based on her stance against the Solomon amendment, a law which denied schools federal funding if they failed to allow military recruiters on campus.  Dean Kagan, along with a number of other law school deans, challenged the law in Court ... Elena Kagan Email on the Solomon Amendment

Monsanto's licensing case victory

As regular readers know, we’ve been following with (critical) interest the antitrust issues surrounding the seed industry in general and Monsanto in particular.  See, for example posts by me or Mike here, here and here. As you may not know, Monsanto and Pioneer (a DuPont subsidiary) have been engaged in a heated contract and patent ... Monsanto's licensing case victory

Does the Insider Trading Ban Apply to Congressional Staffers?

In a front-page article entitled Congress Staffers Gain from Trading in Stocks, the Wall Street Journal reports that “72 aides on both sides of the aisle traded shares of companies that their bosses help oversee.” That finding was based on an “analysis of more than 3,000 disclosure forms covering trading activity by Capitol Hill staffers ... Does the Insider Trading Ban Apply to Congressional Staffers?

Municipal extortion and full employment for lawyers

Consider this a venting, especially as one of the few non-lawyers in our blogging group. Recently one of my lawyer friends posted a Facebook status as “Amending moving violations and saving clients on their insurance” at the local municipal court. This post reminded me of one of my less-than-enjoyable encounters with the Missouri traffic court ... Municipal extortion and full employment for lawyers

Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement

The Federal Trade Commission’s (FTC) regrettable January 17 filing of a federal court injunctive action against Qualcomm, in the waning days of the Obama Administration, is a blow to its institutional integrity and well-earned reputation as a top notch competition agency. Stripping away the semantic gloss, the heart of the FTC’s complaint is that Qualcomm ... Commissioner Ohlhausen’s Qualcomm Dissent Points the Way Toward Sound Antitrust Enforcement

Facile claims of behavioral economics: too much choice; not enough privacy

Chris Hoofnagle writing at the TAP blog about Facebook’s comprehensive privacy options (“To opt out of full disclosure of most information, it is necessary to click through more than 50 privacy buttons, which then require choosing among a total of more than 170 options.”) claims that: This approach is brilliant. The company can appease regulators ... Facile claims of behavioral economics: too much choice; not enough privacy

Bausch & Lomb, Securities Fraud, and Director Liability

You might have noticed that the current Bausch & Lomb product recall is on my list of things to blog about. Let us start in on it: As you likely know, Bausch & Lomb announced a worldwide recall yesterday of its MoistureLoc product. This recall comes about a month after B&L disclosed concerns about and ... Bausch & Lomb, Securities Fraud, and Director Liability

Sacrificing Consumer Welfare in the Search Bias Debate

Eric Clemons and Nehal Madhani have a posted a series of short blog posts on the Huffington Post focusing on Google, antitrust, and more specifically, vertical integration and search (Part I, Part II, and Part III).   The articles contain much of the standard hand-wringing about vertical integration and its impact on consumer welfare.  This is ... Sacrificing Consumer Welfare in the Search Bias Debate

Halliburton Annual Shareholders’ Meeting Location

Halliburton Company is catching heat from shareholder activists for holding its meeting in Duncan, Oklahoma, a town of 22,500, instead of Houston as it has done since 2003 (AP article). “They’re relocating to a city where they don’t actually have to be accountable to their own shareholders,” said Maureen Haver, spokeswoman for the Houston Global ... Halliburton Annual Shareholders’ Meeting Location

Blaming the D.C. Circuit for Regulatory Failure?

Washington Post columnist Steve Pearlstein offers a novel explanation for “regulatory failure.”  The D.C. Circuit, has, Pearlstein asserts, “has intimidated, undermined and demoralized the regulatory apparatus” by giving insufficient deference to regulators and “opinions that routinely ignore the plain language of statute and the clear intent of Congress.”   Pearlstein holds up three Republican appointees as ... Blaming the D.C. Circuit for Regulatory Failure?

Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

The Federal Trade Commission (FTC) has released its long-awaited report on pharmacy benefit managers (PBMs) as an “interim staff report.” And it’s yet another staff report that doesn’t name the relevant staff. On the one hand, it does contain some useful information on industry developments. On the other, it’s just not very good—at all.  With ... Reports of the Current FTC’s Intellectual Integrity Have Been Greatly Exaggerated

Varney's comments from the DOJ/USDA hearings [#dojusda #agworkshop]

The DOJ has posted the transcript from the recent DOJ/USDA hearings on antitrust in agriculture here.  I figured our readers might be especially interested in seeing Christine Varney’s comments (especially without having to slog through all 350 pages to find them!).  I have bolded some of the most interesting parts of her comments. As a ... Varney's comments from the DOJ/USDA hearings [#dojusda #agworkshop]