The Archives

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

Showing results for:  “digital markets act”

Another credit snob. Or is he just a snob?

Benjamin Barber (the author of the polemic, Jihad vs. McWorld) has an editorial in the LA Times today.  Its title is:  “Overselling capitalism: Why today’s markets are headed for disaster unless there is a shift in focus.”  At first the editorial looks like a pretty standard entry in the growing line of comments suggesting we ... Another credit snob. Or is he just a snob?

Antitrust News at GW Law

GW Law received a $5.1 million award to fund a Center for Competition Law resulting from the settlement of a class-action antitrust suit brought by Michael Hausfield (of Cohen, Milstein, Hausfeld & Toll, P.L.L.C., and a GW alum).  According to the press release, Hausfeld argued that the Center would focus on the “special challenges to traditional antitrust ... Antitrust News at GW Law

I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.

I’m not one to gloat.  Ok, yes i am.  As Thom indicated, the court reached what I believe is the right result in the Whole Foods case yesterday.  I’ve been beating this drum since the merger challenge was announced (I won’t bother linking, yet again, to the series of posts.  Search for “Whole Foods” up ... I am so smart, s-m-r-t. . . I mean, s-m-a-r-t.

Saving Tigers (and Other Endangered Species)

Want to save endangered species? Turn them into private assets. So argues Barun Mitra in today’s NYT. In Sell the Tiger to Save It, Mitra observes that our thirty year-old conservation policy, which prohibits harm to individual tigers and the trading of tiger products, has failed to increase the tiger population. The problem, Mitra argues, ... Saving Tigers (and Other Endangered Species)

Two FCC Commissioners Walk Into a Bar

Former FCC Commissioners Have Some Thoughts Writing with Kirk Arner in RealClearMarkets, Harold Furchtgott-Roth—formerly of the Federal Communications Commission (FCC)—comments on the Spectrum Auction Reauthorization Act, recently passed out of the House Energy and Commerce Committee. Arner and Furchtgott-Roth note that reauthorizing spectrum auctions is a “good and necessary idea,” but take issue with the “$23 billion Ponzi ... Two FCC Commissioners Walk Into a Bar

Kinderstart Antitrust Claims Dismissed … For Now …

Google’s motion to dismiss Kinderstart’s claims has been granted with leave to amend all claims. Eric Goldman provides commentary, thoughts on the defamation claim, and a link to the court’s order. As far as the antitrust claims go, I commented here that Google’s motion was likely to prevail: Labeling conduct “anticompetitiveâ€? or “exclusionaryâ€? is simply ... Kinderstart Antitrust Claims Dismissed … For Now …

Competition Increases Concentration

A market with 1,000 tiny sellers is not some ideal market. Concentration can be extremely beneficial, leading to economies of scale and stiffer competition to win a big share of the market. Yet the Federal Trade Commission (FTC) and U.S. Justice Department’s (DOJ) draft merger guidelines double down on the idea that concentration is inherently a problem. ... Competition Increases Concentration

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

As I mentioned earlier, I’m having my research assistant pull together bi-weekly top ten lists of SSRN downloads of papers announced during the last 60 days for corporate law, corporate governance law, and securities law.  See below the fold for the lists.

KKR IPO

Yesterday’s W$J reported on the planned IPO of KKR Private Equity Investors, an investment fund managed by Kohlberg Kravis Roberts & Co., the legendary corporate buy-out firm (see here). The shares have begun trading on Euronext Amsterdam at $24.80 per share. According to the W$J, KKR listed the shares in Amsterdam to avoid “some of ... KKR IPO

Pixtopia Is Not Real 

Banco Central do Brasil (BCB), Brazil’s central bank, launched a new real-time payment (RTP) system in November 2020 called Pix. Evangelists at the central bank hoped that Pix would offer a low-cost alternative to existing payments systems and would entice some of the country’s tens of millions of unbanked and underbanked adults into the banking ... Pixtopia Is Not Real 

FTC Biweekly Roundup – A Change in Title Edition

You’d think things would be calm during these last weeks of August – the Senate in recess, folks wrapping up summer vacations or seeing their kids back off to school, and the big news being that coming out of the White House instead of Congress or the agencies. You’d think. We don’t have a single ... FTC Biweekly Roundup – A Change in Title Edition

Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers

The U.S. economy survived the COVID-19 pandemic and associated government-imposed business shutdowns with a variety of innovations that facilitated online shopping, contactless payments, and reduced use and handling of cash, a known vector of disease transmission. While many of these innovations were new, they would have been impossible but for their reliance on an established ... Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers