Showing results for: “digital markets act”
Between a TikTok and a Hard Place: Products Liability, Section 230, and the First Amendment
With the 3rd U.S. Circuit Court of Appeals’ recent decision in Anderson v. TikTok, it’s time to revisit the interplay between the First Amendment’s right to editorial discretion, Section 230 immunity, and children’s online safety in the context of algorithms. As has been noted many times, the use of algorithmic recommendations is ubiquitous online. And ... Between a TikTok and a Hard Place: Products Liability, Section 230, and the First Amendment
On disclosure: Hands-tying
Dale Oesterle has called Gretchen Morgenson a “national treasure.” Today Larry Ribstein exposes the treasure for fool’s gold. I’m with Larry on this one. Morgenson’s article on executive compensation is yellow journalism at its worst (well, at least a far as business journalism goes. And really — what else is there?). As Larry suggests, hatchet ... On disclosure: Hands-tying
Stealth Anti-Churning Measure?
The W$J had an article last week about a new rule under the Investment Advisers Act of 1940 that goes into effect on January 31, 2006 (click here for the article [$], here for a post on the W$J blog concerning the article, and here for the SEC adopting release). This posts takes a different ... Stealth Anti-Churning Measure?
The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …
The debate over the whether the current Supreme Court’s decisions are more accurately described as influenced by the Chicago School, the Harvard School, Post-Chicago thinking, or other influences has recently attracted a great deal of scholarship from premier antitrust scholars (e.g. FTC Commissioner William Kovacic’s article on the identifies a Chicago/Harvard double-helix structure in the ... The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …
Antitrust Law and Competition for Distribution
Thom recently posted about Judge Alito’s comments on the recent Lepage’s decision involving bundled discounts offered to retailers. There is presently much debate among antitrust scholars regarding the proper treatment of “above-cost” price cuts, such as the bundled discounts in Lepage’s. The anticompetitive theory in these cases is not that discounts mask what is effectively ... Antitrust Law and Competition for Distribution
Symposium Announcement: Behavioral Economics & Classical Liberalism
Next Friday, October 13th at NYU School of Law, the NYU Journal of Law & Liberty will host a symposium entitled: “Behavioral Economics’ Challenge to the Classical Liberal Program.” I will be a panelist in the second session, “Libertarian Paternalism and Consumer Contracts,” and am looking forward to it. I am preparing for this symposium ... Symposium Announcement: Behavioral Economics & Classical Liberalism
Maybe Hamas ain't so bad
Prof. B. writes with pronounced skepticism of and hostility to Hamas’ recent Palestinian parliamentary victory here. He sees this as a “decisive victory by a terrorist organization hostile to both the US and Israel,” and asks why anyone thinks this would be a good thing. Well, he’s right as a banal descriptive matter (Hamas is, ... Maybe Hamas ain't so bad
Questionable Boston Scientific Press Release
This story in yesterday’s Boston Herald asserts that during the bidding war for Guidant between J&J and Boston Scientific (BSX), BSX “used highly questionable investment advice to swing the battle their way and give their stock a good ‘pop.’� Specifically, BSX put out a press release that quoted various Wall Street analysts endorsing the BSX ... Questionable Boston Scientific Press Release
Option Backdating: The Next Big Corporate Scandal?
Option backdating was on page one of the W$J again yesterday (here). The story was spurred by comments made by UnitedHealth’s CEO, William W. McGuire, during UnitedHealth’s First Quarter 2006 Results Teleconference on Tuesday. UnitedHealth’s option grants to Dr. McGuire were among those cited as suspicious by a March 18 page one W$J (article here; ... Option Backdating: The Next Big Corporate Scandal?
Another Antitrust Violation in the Making at the Ivies?
Harvard College is cutting its early admissions program. According to the New York Times, which is pleased with this move, Harvard’s purported reasons for cutting the program are as follows: It will make the system fairer because students from sophisticated backgrounds and affluent high schools are far more likely to apply for an early admission ... Another Antitrust Violation in the Making at the Ivies?
Shareholder Proposal re: NO NEW stock options
DealBook reports that Goldman Sachs has included the following shareholder proposal from Evelyn Davis in its 2007 proxy statement: RESOLVED: “That the Board of Directors take the necessary steps so that NO future NEW stock options are awarded to ANYONE, nor that any current stock options are repriced or renewed (unless there was a contract ... Shareholder Proposal re: NO NEW stock options
Are Dr. Miles' Days Numbered?
Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a ... Are Dr. Miles' Days Numbered?
