The Archives

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

Showing results for:  “digital markets act”

From bankruptcy practice to claims trading

Am Law Daily reports (HT Dealbook) that a top Weil Gotshal bankruptcy partner left to join Claims Recovery Group LLC, which trades distressed claims against bankrupt entities.  CRG’s website says that it offers creditors holding claims against bankrupt entities an opportunity to receive cash for their claims without the time and expense associated with a lengthy ... From bankruptcy practice to claims trading

Blogs, Law Reviews, and the Economics of Superstars

Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars

Thomas Hazlett on Joshua Wright

Josh Wright is a tour de force. He has broken the mold for a Washington regulator — and created a new one. As a scholar, he carefully crafts his analyses of public policy. As a strategic thinker, he tackles the issues that redound to the greatest social benefit. And as a champion of competitive markets, ... Thomas Hazlett on Joshua Wright

Mayor Bloomberg is 1 for 2

Mayor Michael Bloomberg of New York is being justly criticized for his rather silly idea of banning sales of sugar drinks in sizes larger than 16 ounces in various public venues.  Most of the critics focus on the paternalism (updated to be now called  nannyism) of this ban.  However,  aside from being paternalistic, it is ... Mayor Bloomberg is 1 for 2

Antitrust to Protect "Small Dealers and Worthy Men"?

As I skimmed through the White House White Paper on innovation (HT: Patently-O), I noticed that a repeated theme in the document is that US innovation policy must “Promote Competitive Markets that Spur Productive Entrepreneurship” (e.g., p. 9).   There is no real substantive discussion of antitrust issues in the White Paper, except for the following ... Antitrust to Protect "Small Dealers and Worthy Men"?

Credit derivatives don’t kill countries, politicians do

Looking for something to blame for the Greek debt crisis, some observers are pointing their fingers at credit derivatives. An article in yesterday’s New York Times makes the case that credit default swaps (CDS), and specifically their sale by Goldman Sachs, are somewhat to blame in part for Greece’s problems. As I explain in this ... Credit derivatives don’t kill countries, politicians do

Taking Maytag and Whirlpool to the cleaners

Christine blogs about the Whirlpool-Maytag merger and its antitrust problems. Law Blog has the story, as well. Both mention the American Antitrust Institute which opposes (vehemently) the merger. In fact, the AAI has never met a merger it didn’t find anticompetitive, so its opposition should be taken with a grain of salt. Then again, I’ve ... Taking Maytag and Whirlpool to the cleaners

The insider trading crackdown and Reg FD

Today’s WSJ explains how recent insider arrests cracking down on expert services are rooted in the SEC’s misguided Regulation FD.  That rule barred firms’ employees from selectively disclosing material information to favored analysts and investors.  Selective disclosure is probably legitimate under the general insider trading laws because it’s consented to by the owner of the ... The insider trading crackdown and Reg FD

Enterprise Cities, Competition, and Economic Growth

Shanker Singham of the Babson Global Institute (formerly a leading international trade lawyer and author of the most comprehensive one-volume work on the interplay between competition and international trade policy) has published a short article introducing the concept of “enterprise cities.”  This article, which outlines an incentives-based, market-oriented approach to spurring economic development, is well ... Enterprise Cities, Competition, and Economic Growth

Jurisdictional choice for securities regulation

We usually think about jurisdictional choice for corporate law as applying to state business association laws, not the federal securities laws.  But this distinction has never been clear given global securities markets, and it’s less true now than it used to be. The WSJ discusses the securities bar’s and regulators’ lamentations over last summer’s Morrison ... Jurisdictional choice for securities regulation

Symposium Wrap Up

Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these entries will be helpful in the ongoing debate over credit cards and interchange fees. A concluding point or two: Credit card networks are incredibly complex, and no one fully understands ... Symposium Wrap Up

Bittlingmayer and Hazlett on the Stimulus

George Bittlingmayer (University of Kansas) and my colleague Tom Hazlett look at the market response to the stimulus and find it none too enthusiastic: President Barack Obama’s “stimulus” plan invokes the 1930s fiscal strategy put forward by British economist John Maynard Keynes, who saw capitalism as pretty much spent. Having exhausted their store of innovative ... Bittlingmayer and Hazlett on the Stimulus