Showing results for: “digital markets act”
Lawyers as responsible business advisors
Katherine Franke argues that lawyers are partly responsible for the financial misdeeds protested by OWS (HT Leiter): Implicit in the OWS protests is a condemnation of an approach to lawyering that regards all legal rules simply as the price of misconduct discounted by the probability of enforcement* * * In recent years we have seen ... Lawyers as responsible business advisors
Putting COVID Emergency Response on War Footing
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Robert Litan, (Non-resident Senior Fellow, Economic Studies, The Brookings Institution; former Associate Director, Office of Management and ... Putting COVID Emergency Response on War Footing
Happy 10th Birthday Sarbanes-Oxley
There are many days that I wish Larry Ribstein were still here, and today is definitely one of those days. He would have had a lot to say about the tenth anniversary of SOX today. He and Henry Butler noted in their book “The Sarbanes-Oxley Debacle: What We’ve Learned; How to Fix It” that: “while ... Happy 10th Birthday Sarbanes-Oxley
Transatlantic Trade Negotiations: Keeping Regulation in Check
Last week, the George Washington University Center for Regulatory Studies convened a Conference (GW Conference) on the Status of Transatlantic Trade and Investment Partnership (TTIP) Negotiations between the European Union (EU) and the United States (U.S.), which were launched in 2013 and will continue for an indefinite period of time. In launching TTIP, the Obama ... Transatlantic Trade Negotiations: Keeping Regulation in Check
Of Common Law and Common Sense: Children’s Consumer Product Safety Commission vies for National Nanny Title
With thanks to Geoff and everyone else, it’s great to join the cast here at TOTM. Geoff gave a nice introduction, so I won’t use this first post to further that purpose – especially when I have substance to discuss. The only prefatory words I’ll offer are that my work lies at the intersection of ... Of Common Law and Common Sense: <del>Children’s</del> Consumer Product Safety Commission vies for National Nanny Title
Apple Responds to the DOJ e-Books Complaint
Apple has filed its response to the DOJ Complaint in the e-books case. Here is the first paragraph of the Answer: The Government’s Complaint against Apple is fundamentally flawed as a matter of fact and law. Apple has not “conspired” with anyone, was not aware of any alleged “conspiracy” by others, and never “fixed prices.” ... Apple Responds to the DOJ e-Books Complaint
Inter-Agency Scuffling Over Section 2: What Role for Economists and Economics at the FTC and DOJ?
Much has already been written about the strained relationship between the FTC and DOJ in antitrust matters. There is no more entertaining description of these strains than Chairman Kovacic’s description of the sister agencies as “an archipelago of policy makers with very inadequate ferry service between the islands” and “too many instances when you go ... Inter-Agency Scuffling Over Section 2: What Role for Economists and Economics at the FTC and DOJ?
The Costs of International Antitrust Enforcement and Superficial Convergence
There is an interesting profile on Intel in the WSJ. While the profile focuses on some of the technological and competitive challenges facing Intel and CEO Paul Otellini, the CEO mentions the proliferation of antitrust laws across the globe, and the uncertainty associated with regulatory costs in such an environment, as one of the major potential impediments facing ... The Costs of International Antitrust Enforcement and Superficial Convergence
Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!
Today, a group of eighteen scholars, of which I am one, filed an amicus brief encouraging the Supreme Court to review a Court of Appeals decision involving loyalty rebates. The U.S. Court of Appeals for the Third Circuit recently upheld an antitrust judgment based on a defendant’s loyalty rebates even though the rebates resulted in above-cost prices for the defendant’s products ... Hey Hey! Ho Ho! Partial De Facto Exclusive Dealing Claims Have Got to Go!
Potential Problems with an FDA Model for Regulating Financial Products
New York Times columnist Gretchen Morgenson is arguing for a “pre-clearance” approach to regulating new financial products: The Food and Drug Administration vets new drugs before they reach the market. But imagine if there were a Wall Street version of the F.D.A. — an agency that examined new financial instruments and ensured that they were safe and ... Potential Problems with an FDA Model for Regulating Financial Products
Pai Dedicated His Tenure to Improving US Broadband
Ajit Pai came into the Federal Communications Commission chairmanship with a single priority: to improve the coverage, cost, and competitiveness of U.S. broadband for the benefit of consumers. The 5G Fast Plan, the formation of the Broadband Deployment Advisory Committee, the large spectrum auctions, and other broadband infrastructure initiatives over the past four years have ... Pai Dedicated His Tenure to Improving US Broadband
Geradin on Loyalty Rebates
Damien Geradin has posted an interesting paper on “Separating Pro-competitive from Anti-competitive Loyalty Rebates: A Conceptual Framework.” Here’s the (long) abstract: In its submission to the recent OECD Roundtable on Bundled and Loyalty Discounts and Rebates (the “OECD Roundtable on rebates“), Korea observed that “loyalty discounts are getting growing attention both academically and practically” and ... Geradin on Loyalty Rebates
