Showing results for: “digital markets act”
Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique
Thom Lambert is Associate Professor of Law at the University of Missouri Behavioralism is mesmerizing. Ever since I took Cass Sunstein’s outstanding Elements of the Law course as a 1L at the University of Chicago Law School, I’ve been fascinated by studies purporting to show how humans are systematically irrational. It is, of course, the “systematic” part that’s ... Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique
The Relevance of ELS Revisited
Brian Leiter’s recent post, Empirical Legal Studies, Redux, summarizes the blog debate over the growth of empirical legal studies and its implications for legal scholarship. There is not much need to go through history here, but Professor Leiter’s recent post gets pretty quickly to the point, i.e. Professor Eisenberg’s response to Leiter’s would be-claim that ... The Relevance of ELS Revisited
Doctors and lawyers
I have spent a lot of time recently thinking about and discussing the problems with lawyer licensing and regulation and how it unnecessarily increases the costs and decreases the utility of legal services (e.g., here). I often wonder, and get asked, what about medicine? Like why are there not enough doctors or other medical practitioners? ... Doctors and lawyers
Wachtell, Lipton Supports Hedge Fund Regulation
The following is contained at the end of a June 28, 2006 Wachtell, Lipton, Rosen & Katz memo addressing the recent Court of Appeals decision to vacate SEC hedge fund registration requirements: In this era of hedge fund activism, the future of hedge fund regulation may impact the balance of power between public companies and ... Wachtell, Lipton Supports Hedge Fund Regulation
The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should
Former U.S. Labor Secretary Gene Scalia games out the future of the Federal Trade Commission’s (FTC) recently proposed rule that would ban the use of most noncompete clauses in today’s Wall Street Journal. He writes that: The Federal Trade Commission’s ban on noncompete agreements may be the most audacious federal rule ever proposed. If finalized, ... The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should
Directors and Time Management
I presented my “Not in Good Faith” paper at Cornell this past fall, and Professor Jeff Rachlinski (behavioral wonk, among other things) asked an interesting question that I would like to mention here. (Let me remind you that my “not in good faith” paper deals with a director’s obligation to act “in good faith.” My general ... Directors and Time Management
Professor Trey Drury & Personal Liability for Directors
The Glom’s Junior Scholars Workshop, on Location, at TOTM.com: For the Conglomerate’s Annual Junior Scholars Workshop, I agreed to comment on a paper by Loyola University Professor Trey Drury that revisits director liability-limiting opt-in statutes such as DGCL Section 102(b)(7). The title of the paper is “What’s the Cost of a Free Pass? A Call ... Professor Trey Drury & Personal Liability for Directors
The FTC Gets in Intel’s Business
One of the first reactions I had when reading the settlement is that it is quite striking how much and at what level of detail the settlement micro-manages Intel’s business decisions. Lets consider a just a handful of provisions and look at the language in the settlement. Again, I think these provisions should be read ... The FTC Gets in Intel’s Business
Section 2 Symposium: Dan Crane on Buyer-Instigated Bundled Discounts
Bundled discounts have been one of the hottest monopolization topics of the last decade. Much of the trouble began with the Third Circuit’s en banc decision in LePage’s v. 3M, which reversed an earlier 2-1 panel decision which in turn had overturned a plaintiff’s jury verdict largely based on 3M’s bundled discounts. After the Solicitor ... Section 2 Symposium: Dan Crane on Buyer-Instigated Bundled Discounts
IEEE Patent Policy Change Would Undermine Property Rights and Innovation
American standard setting organizations (SSOs), which are private sector-based associations through which businesses come together to set voluntary industrial standards, confer great benefits on the modern economy. They enable virtually all products we rely upon in modern society (including mechanical, electrical, information, telecommunications, and other systems) to interoperate, thereby spurring innovation, efficiency, and consumer choice. ... IEEE Patent Policy Change Would Undermine Property Rights and Innovation
The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com
The Wall Street Journal reports this morning that Amazon is getting — and fighting — the “Apple treatment” from the FTC for its design of its in-app purchases: Amazon.com Inc. is bucking a request from the Federal Trade Commission that it tighten its policies for purchases made by children while using mobile applications. In a letter to the FTC ... The FTC doubles down on its egregious product design enforcement with a threatened suit against Amazon.com
Getting efficiencies right at the FTC: Commissioner Wright dissents in Ardagh/Saint-Gobain merger
FTC Commissioner Josh Wright pens an incredibly important dissent in the FTC’s recent Ardagh/Saint-Gobain merger review. At issue is how pro-competitive efficiencies should be considered by the agency under the Merger Guidelines. As Josh notes, the core problem is the burden of proof: Merger analysis is by its nature a predictive enterprise. Thinking rigorously about ... Getting efficiencies right at the FTC: Commissioner Wright dissents in Ardagh/Saint-Gobain merger
