Showing results for: “digital markets act”
Federalizing proxy access: the SEC vs. Congress and the states
Lucian Bebchuk objects to efforts in the financial regulatory conference committee to “gut proxy access” by imposing a 5% share ownership threshold requirement for access: He says: Hard-wiring such an ownership threshold in the financial regulatory bill would be a significant setback for shareholders and corporate governance reform. While shareholder power to elect new directors ... Federalizing proxy access: the SEC vs. Congress and the states
Kinderstart v. Google Antitrust Coverage
Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner that caused Kinderstart’s ranking to drop and revenues to plunge. HT: Antitrust Review. Eric Goldman has got this covered, including links to the complaint, analysis, Google’s motion to dismiss and ... Kinderstart v. Google Antitrust Coverage
The Internet Hysteria Index
Courtesy of Scott Wallsten and Amy Smorodin at Technology Policy Institute (HT: Tom Hazlett): The Internet is without doubt the most powerful inspiration for hyperbole in the history of mankind. Some extol the Internet’s greatness, like Howard Dean, who called the Internet “the most important tool for re-democratizing the world since Gutenberg invented the printing ... The Internet Hysteria Index
The roots of foreclosure-gate: incentives and lawyers
Careless or even fraudulent documentation in foreclosure actions has stalled foreclosures, stymied recovery of the housing market, threatened the earnings and even financial stability of banks, and may lead to massive securities fraud actions. How did this happen? Per CR: [A] combination of getting swamped with foreclosures, lack of experienced staff, the poor economic environment ... The roots of foreclosure-gate: incentives and lawyers
The FTC Loses in Ovation Pharmaceuticals
There are some new developments in the Federal Trade Commission’s consummated merger case brought against Ovation. Namely, the FTC has lost. TOTM readers may recall that I spent some time criticizing the Federal Trade Commission’s complaint, back in 2008, in FTC v. Ovation in federal district court in Minnesota. As I described the stylized facts ... The FTC Loses in Ovation Pharmaceuticals
Hazlett & Wright on The Law and Economics of Network Neutrality
Thomas Hazlett and I have posted The Law and Economics of Network Neutrality: The Federal Communications Commission’s Network Neutrality Order regulates how broadband networks explain their services to customers, mandates that subscribers be permitted to deploy whatever computers, mobile devices, or applications they like for use with the network access service they purchase, imposes a ... Hazlett & Wright on The Law and Economics of Network Neutrality
A Sarbox Update
From Larry Ribstein: A few years later, Henry Butler and I wrote a book decrying SOX, and discussing the evidence that was accumulating against it, as well as the SOX suit. Here’s an excerpt from the book abstract: If the suit is successful, Congress likely will have an opportunity to repair the constitutional defect. Although ... A Sarbox Update
Economic Calculation in the Public Defender’s Office
After spending a few years away from ICLE and directly engaging in the day to day grind of indigent criminal defense as a public defender, I now have a new appreciation for the ways economic tools can explain behavior that I had not before studied. For instance, I think the law and economics tradition, specifically ... Economic Calculation in the Public Defender’s Office
Law and Economics 2.0
Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here). Legal Pad (at CNN/Fortune Magazine) ... Law and Economics 2.0
Base Small Business Support on their Economic Realities
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Mark Jamison, (Director and Gunter Professor, Public Utility Research Center, University of Florida and Visiting Scholar with the American Enterprise ... Base Small Business Support on their Economic Realities
My Take on Credit Suisse . . .
is here, over at eCCP, and differs somewhat from Thom’s. The takeway excerpt is: Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further. The court’s “clearly incompatible” standard is new and (though it ... My Take on Credit Suisse . . .
Presenting Complex Economic Theories to Judges
This fascinating OECD document compiling submissions on the topic is a gold mine of observations on purported best practices for presenting economic testimony to judges and issues facing competition authorities and judges deciding complex antitrust cases on the basis of complex economic evidence. Here is one excerpt from the U.S. submission that caught my eye: ... Presenting Complex Economic Theories to Judges
