The Archives

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

Showing results for:  “digital markets act”

The Law and Economics of Any Willing Provider Laws

While I’m posting about health care regulation, I’d like to point TOTM readers to a short article with Jonathan Klick (University of Pennsylvania) summarizing the economics and empirical evidence surrounding “Any Willing Provider”(AWP) laws for the Washington Legal Foundation.   We write: This analysis evaluates the antitrust law ramifications of proposals requiring pharmacy benefit managers (“PBMs”) ... The Law and Economics of Any Willing Provider Laws

Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?

Einer Elhauge and Abraham Wickelgren, of Harvard and the University of Texas, respectively, have recently posted to SSRN a pair of provocative papers on loyalty discounts (price cuts conditioned on the buyer’s purchasing some amount, usually a percentage of its requirements, from the seller).  Elhauge and Wickelgren take aim at the assertion by myself and ... Have Elhauge and Wickelgren Undermined the Rule of Per Se Legality for Above-Cost Loyalty Discounts?

Gary Becker, the Economic Approach to Crime, and Guerilla Grafters

Fruit trees in a number of cities, including San Francisco, are prevented from bearing fruit in the name of “protecting” pedestrians from slip and falls and keeping away insects and vermin.  In response to these regulations, a group of Guerilla Grafters has emerged to — you guessed it — graft fruit bearing branches onto the ... Gary Becker, the Economic Approach to Crime, and Guerilla Grafters

Looking for a few good associates

The Philadelphia Inquirer’s Chris Mondics writes about statistics showing that first-year law firm associate salaries are not declining despite the apparent turmoil in the legal marketplace.  He asks whether this means “the big-law-firm model has come through unscathed after the worst downturn since the Great Depression. Well, actually, no.” In fact, he notes the revenue squeeze ... Looking for a few good associates

Contemplating Disclosure-Based Insider Trading Regulation

TOTM friend Stephen Bainbridge is editing a new book on insider trading.  He kindly invited me to contribute a chapter, which I’ve now posted to SSRN (download here).  In the chapter, I consider whether a disclosure-based approach might be the best way to regulate insider trading. As law and economics scholars have long recognized, informed stock trading may create both harms and benefits ... Contemplating Disclosure-Based Insider Trading Regulation

From July 30 WSJ

Wall Street Journal OPINION July 31, 2012 ‘A Climate That Helps Us Grow’ By PAUL H. RUBIN President Obama’s riff on small business—”If you’ve got a business, you didn’t build that, somebody else made that happen”—has become a major controversy. The Romney campaign has made this quote the subject of several speeches and ads, and ... From July 30 WSJ

The Audacity of Nope

Please note that the following post is a bit off-topic for this blog and represents my own opinion only, not that of any of my co-bloggers. But, hey, it’s Saturday. For the past 599 days, we’ve had a talented young Democratic President and Democratic majorities in both the U.S. House of Representatives and the U.S. ... The Audacity of Nope

My Favorite Corporate Law Blogs

Here’s what I spend my time reading every morning in the blogosphere.  Readers, have I forgotten any? Professor Bainbridge.  Our good blog neighbor comments on the latest developments in corporate law and securities regulation.  Posts range from practical advice on the evolution of corporate law to snippets of Professor B’s latest academic work.  Insightful political ... My Favorite Corporate Law Blogs

GMU Law & Economics Center Presents “Unlocking the Law: Building on the Work of Professor Larry Ribstein”

I’m very pleased to announce the George Mason Law & Economics Center is hosting a program focusing on our friend and colleague Larry Ribstein’s scholarship on the market for law.   Henry Butler and Bruce Kobayashi have put together a really wonderful program of folks coming together not to celebrate Larry’s work — but to ... GMU Law & Economics Center Presents “Unlocking the Law: Building on the Work of Professor Larry Ribstein”

Nudging Antitrust? Commissioner Rosch’s Weak Case for “Behavioral Antitrust” (Part 1)

Increasingly, the notion that updating antitrust policy with the insights of behavioral economics would significantly improve matters for consumers.   Others have called for more major surgery, favoring an outright rejection of the current economic foundation of antitrust policy — and especially the portions of the foundation “Made in Chicago” — in favor of a new ... Nudging Antitrust? Commissioner Rosch’s Weak Case for “Behavioral Antitrust” (Part 1)

The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien

The NCAA recently denied Todd O’Brien’s appeal to make use of the Grad Student Transfer Exception — which would allow O’Brien, who graduated St. Joseph’s with a degree in economics, to continue playing basketball while pursuing a graduate degree in Public Administration at University of Alabama-Birmingham.  St. Joe’s, apparently at the behest of a college ... The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien

New Paper on Option Backdating

Speaking of option backdating, David Walker from Boston University School of Law has just posted a new working paper on SRRN entitled “Some Observations on the Stock Option Backdating Scandal of 2006.” Here’s the abstract: The corporate stock option backdating scandal has dominated business page headlines during the summer of 2006. The SEC is currently ... New Paper on Option Backdating