Showing results for: “digital markets act”
The legislative response to Olmstead
I wrote last year about how the Florida Supreme Court had messed with the LLC “charging order” remedy to give the creditors of the sole member of an LLC access not just to the members’ financial rights, as the statute allows, but also to the member’s governance rights, which the statute arguably forecloses. The dissenters ... The legislative response to Olmstead
The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry
The Consumer Financial Protection Bureau (CFPB) is, to say the least, a controversial agency. As documented by such experts as Scalia Law School Professor Todd Zywicki, the CFPB imposes enormous costs on consumers and financial service providers through costly and unwarranted command-and-control regulation. Furthermore, as I explained in a February 2016 Heritage Foundation legal memorandum, ... The Constitutionally-Challenged Consumer Financial Protection Bureau (CFPB) Now Directly Challenges the Lawful and Welfare-Enhancing Pay-Day Lending Industry
Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers
I blogged a bit about the MetroPCS net neutrality complaint a few weeks ago. The complaint, you may recall, targeted the MetroPCS menu of packages and pricing offered to its consumers. The idea that MetroPCS, about one-tenth the size of Verizon, has market power is nonsense. As my colleague Tom Hazlett explains, restrictions on MetroPCS ... Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers
Steeling to Block a Merger
In an April 17 address to United Steelworkers in Pittsburgh, President Joe Biden vowed that his administration would “thwart the acquisition of U.S. Steel by a Japanese company,” Nippon Steel, telling the assembled union members that U.S. Steel “has been an iconic American company for more than a century and it should remain totally American.” ... Steeling to Block a Merger
Predatory pricing reform rides the Marrakech Express
As I noted in my prior post, two weeks ago the 13th Annual Conference of the International Competition Network (ICN) released two new sets of recommended best practices. Having focused on competition assessment in my prior blog entry, I now turn to the ICN’s predatory pricing recommendations. Aggressive price cutting is the essence of competitive ... Predatory pricing reform rides the Marrakech Express
New on SSRN: Preemption and Choice-of-Law Coordination
My new paper with Erin O’Hara O’Connor has just been posted. The paper analyzes preemption in light of the theories presented in our book, The Law Market. I earlier discussed our evolving ideas and their application to the Supreme Court’s recent arbitration and immigration decisions. Here’s the abstract: The scope of federal preemption of state ... New on SSRN: Preemption and Choice-of-Law Coordination
Competition, not Price Controls
In an effort to control drug spending, several states are considering initiatives that will impose new price controls on prescription drugs. Ballot measures under consideration in California and Ohio will require drug companies to sell drugs under various state programs at a mandated discount. And legislators in Massachusetts and Pennsylvania have drafted bills that would create new government commissions ... Competition, not Price Controls
The man who invented the hostile takeover
Henry Manne first theorized the market for corporate control, but the man who first put the concept into action was Louis E. Wolfson. I blogged briefly about Wolfson when he died in 2008. Now you can read more about him in Alan M. Weinberger, What’s in a Name?– The Tale of Louis Wolfson’s Affirmed, 39 Hofstra ... The man who invented the hostile takeover
Impractical law schools
The WSJ reports today on how “some law schools are throwing out decades of tradition by replacing textbook courses with classes that teach more practical skills.” Examples from the article: IU’s courses on “project management” and “emotional intelligence;” NYLS’s courses in “negotiation, counseling and fact investigation;” W & L’s new third year curriculum replacing “lectures ... Impractical law schools
Proposed Executive Compensation Rules and Foreign Companies
This CFO.com article reports that foreign companies will be exempt from portions of the proposed SEC executive compensation rules (they will only have to report total compensation unless required to provide more disclosure in their home countries). The article characterizes this as a “small bone being thrown to foreign companies, . . .; many of ... Proposed Executive Compensation Rules and Foreign Companies
Declaring Victory or Premature Celebration?
Russell Korobkin (UCLA) provocatively declares the ultimate victory of behavioral law and economics over neoclassical economics: I am declaring victory in the battle for the methodological soul of the law and economics discipline. There is no need to continue to pursue the debate between behavioralists (that is, proponents of incorporating insights previously limited to the ... Declaring Victory or Premature Celebration?
Correcting "The Ethicist" on Insider Trading
In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist: I am a subspecialty physician without primary responsibility for patients. I consulted on the care of the C.E.O. of a major company, the seriousness of whose illness was not being fully disclosed to shareholders. I own stock in this ... Correcting "The Ethicist" on Insider Trading
