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

Showing results for:  “digital markets act”

Four Horsemen of the Bureaucratic Apocalypse Come for AI

Four prominent horsemen of the Biden administration’s bureaucratic apocalypse—the Federal Trade Commission (FTC), U.S. Justice Department (DOJ) Civil Rights Division (DOJ), Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission (EEOC)—came together April 25 to issue a joint statement pledging vigorous enforcement against illegal activity perpetrated through the use of artificial intelligence ... Four Horsemen of the Bureaucratic Apocalypse Come for AI

Liebowitz's Reply to O/S on Filesharing

[See Update Below]   Stan Liebowitz has posted a reply to Oberholzer-Gee/Strumpf’s (O/S) referee report/ reply to Liebowitz’s original comment submitted and rejected by the JPE for publication (got all that?) (HT: Newmark and Peter). Stan includes email exchanges between himself and OS concerning access to the data (O/S did not allow access), copies of ... Liebowitz's Reply to O/S on Filesharing

Kobayashi & Wright on Antitrust Limits, Federalism and Patent Holdup

I’ve posted to SSRN my new article (co-authored by my colleague Bruce Kobayashi), Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup. We presented an earlier version of our analysis at the George Mason/ Microsoft Conference on the Law and Economics of Innovation and benefited significantly from comments from the discussants and ... Kobayashi & Wright on Antitrust Limits, Federalism and Patent Holdup

In Memoriam: Fred McChesney

As many Truth on the Market readers likely know, law and economics scholar, Fred McChesney, passed away last month. As we prepare to lay Fred to rest later this week, I have asked some of Fred’s friends and colleagues to contribute their thoughts about Fred’s life, and his influence as a scholar and as a ... In Memoriam: Fred McChesney

Disgorgement and Damages in Ovation

A couple of weeks ago, I posted a blog discussing the FTC’s complaint against Ovation.  One of the interesting factors of that complaint was the FTC’s decision to seek disgorgement of profits allegedly improperly gained as a result of the challenged acquisition.  The FTC has only infrequently sought disgorgement in antitrust matters and it is ... Disgorgement and Damages in Ovation

Dura and Section 10(b)

In my Sec. Reg. class, we are covering Section 10(b) of the Securities Exchange Act of 1934.  One of my students raised a question today regarding Section 10(b) after Dura that left me ruminating.  The student’s question was about whether a selling stockholder who sold at a profit can bring a suit after Dura if the ... Dura and Section 10(b)

The Present State and Future Prospects of the International Competition Network (ICN)

Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)

Oracle is nonplussed; the DOJ is . . . plussed?

The European Commission has issued a Statement of Objections in response to Oracle’s proposed acquisition of Sun.  The deal had already cleared the DOJ’s review.  Oracle is none too happy about the development, issuing a strongly-worded statement.  Here’s a taste: The database market is intensely competitive with at least eight strong players, including IBM, Microsoft, ... Oracle is nonplussed; the DOJ is . . . plussed?

Unsurprising evidence that hiking the minimum wage hurts low wage workers

On July 1, the minimum wage will spike in several cities and states across the country. Portland, Oregon’s minimum wage will rise by $1.50 to $11.25 an hour. Los Angeles will also hike its minimum wage by $1.50 to $12 an hour. Recent research shows that these hikes will make low wage workers poorer. A ... Unsurprising evidence that hiking the minimum wage hurts low wage workers

Do the Merger Guidelines Need Revision?

The merger guidelines should be revised, not only to provide clearer guidance, but because the current version makes it harder for the agencies to win cases when they do challenge a merger.  The reason is that the guidelines often don’t fit actual agency practice or modern economic theory.  For example, part of the reason the ... Do the Merger Guidelines Need Revision?

Henry Manne and Corporate Democracy

On January 2, 2007, Dean Henry Manne published a column in the WSJ regarding corporate democracy.  In this column, Manne takes a stab at shareholder voting and corporate democracy.  Manne maintains that shareholder activists are deluding themselves with the phrase “corporate democracy” in that only the controlling s/h have and will ever have a true voice ... Henry Manne and Corporate Democracy

Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents

Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance documents on competition law.  The GAI’s March 31 comments (see here) in response to the India Department of Industrial Policy and Promotion’s Discussion Paper on ... Outstanding New Global Antitrust Institute Filing on Indian Discussion Paper Regarding Standard Essential Patents