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

Showing results for:  “digital markets act”

On disclosure, a continuing series

We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive ... On disclosure, a continuing series

10th Annual International Industrial Organization Conference at GMU Law March 2012

The 10th Annual International Industrial Organization Conference will be held at GMU Law in Arlington, VA March 16-18, 2012.  Along with Chris Adams (FTC), and the Program Committee, I am helping out with some of the local organization.  For those interested in antitrust and regulatory issues specifically, or IO economics more generally, this is a ... 10th Annual International Industrial Organization Conference at GMU Law March 2012

Surowiecki on small firms

The New Yorker’s James Surowiecki writes that politicians are misguided in the current push to help small business. He notes a recent book on how regulatory bias against the growth of A & P, including the Robinson-Patman Act, hurt consumers by raising prices. He also notes evidence that the countries with the highest percentage of ... Surowiecki on small firms

The emerging venue battle in El Paso/Kinder Morgan

T-R’s Alison Frankel writes (HT Pileggi) about dueling suits in Texas and Delaware challenging the El Paso/Kinder Morgan merger: Three class actions in Texas state court and two class actions and a shareholder derivative suit in Delaware Chancery. It looks like this merger may bring to a head the “escape from Delaware” phenomenon I discussed ... The emerging venue battle in El Paso/Kinder Morgan

Investor's Bill of Rights

This week the Senate is scheduled to hear debate over the latest financial regulation reform bill (also known as the Dodd Bill).  Part of the Dodd Bill incorporated aspects from a bill from Senator Schumer introduced last summer, against which I testified, called the “Shareholder’s Bill of Rights.”  In light of this week’s momentous events, ... Investor's Bill of Rights

Section 5 Symposium — End of Day One, But More to Come

Regulating the Regulators: Guidance for the FTC’s Section 5 Unfair Methods of Competition Authority August 1, 2013 Truthonthemarket.com We’ve had a great day considering the possibility, and potential contours, of guidelines for implementing the FTC’s “unfair methods of competition” (UMC) authority.  Many thanks to our invited participants and to TOTM readers who took the time to follow today’s ... Section 5 Symposium — End of Day One, But More to Come

The NYT on law teaching

The NYT brings another David Segal story on legal education.  Today’s sermon: law schools don’t teach “lawyering.” Boiling away the overheated journalism, here’s the indictment:  Law profs are richly paid for writing mostly useless law review articles rather than “the essential how-tos of daily practice.” Students study cases about contract law but not contracts.  Clinics ... The NYT on law teaching

The uncorporation and energy infrastructure

My paper, Energy Infrastructure Investment and the Rise of the Uncorporation has been published in the current issue of the Journal of Applied Corporate Finance.  It includes a useful summary of my views of uncorporations applied to larger firms.  As of now it’s behind a pay wall.  Here’s the abstract: While most large U.S. businesses have long ... The uncorporation and energy infrastructure

Cumulative Voting for Directors

While working on my last post, I discovered that Hewlett-Packard’s certificate of incorporation provides for cumulative voting in the election of directors. This made me curious as to how many other public companies have cumulative voting so I googled it. I came up with this article which says about 10% of the companies in the ... Cumulative Voting for Directors

George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions

I may have missed it, but a topic that I don’t think has come up in the discussion thus far is unauthorized practice of law prohibitions. If we want to allow the free market’s discovery process to work – finding new modes of delivering services that serve consumers better than the old ones – we ... George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions

The Case for Doing Nothing: The ‘Problem’ of Common Ownership

As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership

A Comparison of US and UK Physicians Advice on Nicotine and Vaping

In 2020, an academic paper suggested that more than 80% of U.S. physicians mistakenly thought that nicotine was a carcinogen. The implication of this finding was that perhaps physicians thought vaping (and even nicotine-replacement therapy) to be almost as dangerous as smoking. But physicians are busy people and I suggest that some, maybe most, might ... A Comparison of US and UK Physicians Advice on Nicotine and Vaping