Showing results for: “digital markets act”
Chandler’s departure and the future of uncorporations
Chancellor Chandler has announced his retirement as Delaware’s leading corporate trial judge (Pileggi and the WSJ). News reports likely will focus on the Chancellor’s work on high-visibility corporate cases. But I think he made his most lasting mark in helping create a modern jurisprudence for sophisticated LLCs and limited partnerships. Delaware statutory law laid the ... Chandler’s departure and the future of uncorporations
Immigration, preemption and regulatory coordination
The Supreme Court has issued yet another preemption opinion in Chamber of Commerce v. Whiting. The federal Immigration Reform and Control Act makes it unlawful to employ a known unauthorized alien and preempts state sanctions “other than through licensing and similar laws.” The majority held this didn’t preempt Arizona’s broad definition of license to include such ... Immigration, preemption and regulatory coordination
The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption
Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand Clapping: The 2010 Horizontal Merger Guidelines and the Challenge of Judicial Adoption. The paper focuses on the Guidelines’ efficiencies analysis. We argue that while the ... The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption
The First Amendment and Corporate Governance
?I have spent some time over the last year discussing the Supreme Court’s big corporate speech case, Citizens United — at Stanford and Georgia State, and in an archive full of Ideoblog posts. Now my paper on the case, The First Amendment and Corporate Governance, is finally available on SSRN. Here’s the abstract: The Supreme ... The First Amendment and Corporate Governance
TradeComet complaint against Google dismissed
TradeComet’s antitrust suit against Google has been dismissed by the S.D.N.Y. Court in which the case was being heard. The opinion is available here. The holding: Google has now moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(3) for improper venue based on a forum selection clause in the ... TradeComet complaint against Google dismissed
The Olmstead decision and the problem of single member LLCs
The Florida Supreme Court’s decision in Olmstead v. FTC on the surface is a highly convoluted case that outwardly appeals only to the sort of people who think about LLCs in the shower. Since I qualify, I suppose it falls to me to explain what this is all about. Bear me out, because this matters ... The Olmstead decision and the problem of single member LLCs
Monopolization Enforcement at the Antitrust Division By the Numbers
Dan Crane’s post on the DOJ’s antitrust activity, and in particular, monopolization enforcement, during the Obama administration notes the dissonance between rhetoric and reality. I thought I’d post the following data from the DOJ website concerning Section 2 investigations initiated and cases won over the last 40 years for some perspective. What do these data ... Monopolization Enforcement at the Antitrust Division By the Numbers
Proxy Access Defense #2
I’ve been working over the summer writing my August submission. Law Review Editors take note, you will be receiving my submission of “Delaware’s Future: Reviewing Company Defenses to Shareholder Proxy Access” within the next few weeks. My last post began a discussion about some of the defenses I have been designing for Boards to defend ... Proxy Access Defense #2
The Law and Economics of Privatizing Alcohol Sales
Economist and occasional TOTM guest blogger Steve Salop (Georgetown) recently sent me the following questions spurred by the local debate over Governor McConnell’s proposal to private the retailing of alcoholic beverages: I have my first antitrust class of the semester tomorrow. Among the issues I teach the first week are (1) the fact that demand ... The Law and Economics of Privatizing Alcohol Sales
FTC Biweekly UMC Roundup – Reform Dies in Committee Edition
Welcome back to the FTC UMC Roundup! The Senate is back in session and bills are dying. FTC is holding hearings and faith in the agency is dying. The more things change the more they stay the same. Which is a fancy way of saying that despite all the talk of change, little change seems ... FTC Biweekly UMC Roundup – Reform Dies in Committee Edition
ELS, Technical Fetishization vs. Legal Relevance, and a Partial Defense of the Perfectly Proportional Mediocrity of Legal Empiricists
Brian Leiter brings the always fun “what’s wrong with empirical legal studies” meme back to the front page. Professor Leiter’s post is a really good one. He sets up the “problem” with ELS as such: There is now too much empirical work being done simply because it looks ’empirical.’ Professor Bainbridge agrees. And this isn’t ... ELS, Technical Fetishization vs. Legal Relevance, and a Partial Defense of the Perfectly Proportional Mediocrity of Legal Empiricists
Don’t let the perfect be the enemy of the good on Copyright Office reform
R Street’s Sasha Moss recently posted a piece on TechDirt describing the alleged shortcomings of the Register of Copyrights Selection and Accountability Act of 2017 (RCSAA) — proposed legislative adjustments to the Copyright Office, recently passed in the House and introduced in the Senate last month (with identical language). Many of the article’s points are ... Don’t let the perfect be the enemy of the good on Copyright Office reform
