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Showing results for:  “digital markets act”

It’s not a PIPE bomb

Similar to Gretchen Morgenson’s recent attack on Rule 144A offerings (discussed by Larry Ribstein here), page C1 of yesterday’s W$J assails PIPE offerings (see here). PIPE stands for “private investment in public equity” and is a financing technique used by many small and mid-size public companies. In a typical PIPE, a company privately negotiates a ... It’s not a PIPE bomb

Road Trip With Judge Robert Bork

I was in the car for 10 hours this weekend, driving from Richmond, VA, to upstate New York.  Though Judge Robert Bork was not technically in the car with me, I spent most of my driving hours listening to his book, Slouching Towards Gomorrah, on tape.  (I borrowed the book on tape two or three ... Road Trip With Judge Robert Bork

Empirical Scholarship for the Untenured and at SEALS

Lisa Fairfax kicked off an interesting discussion over at the Glom regarding some reasons why untenured folks should not engage in empirical scholarship. The basic message: it takes too long, is too hard (to get data, mostly), may not be received well by tenure committees. There are some great comments to the post defending the ... Empirical Scholarship for the Untenured and at SEALS

Option expensing has arrived

Under SEC rules, a public company is required to start expensing options commencing with its quarter one 10-Q for its fiscal year beginning after June 15, 2005. This means the time has arrived for public companies with calendar year-ends, and as a result, this month many companies have reported or will be reporting for the ... Option expensing has arrived

*Why* Are Directors Awarding Spring-Loaded Options?

Of late, my colleagues on the internet have been blogging about stock options – notably discussing backdating and “spring-loading.�  My colleagues have done a fine job with debating whether or not the latter is illegal (and/or reprehensible) and discussing the status of play with the former. My contribution to the discussion is to ask “what ... *Why* Are Directors Awarding Spring-Loaded Options?

Searle Antitrust Economics and Competition Policy Conference

If you’re in Chicago next week, and even if you’re not, go check out the Second Annual Searle Center Antitrust Economics and Competition Policy conference at Northwestern University School of Law.  The conference will take place September 25th and 26th and has a great lineup including a pretty good mix of theory and empirics.  My ... Searle Antitrust Economics and Competition Policy Conference

Merger Guidelines Reading

Volume 16, Issue 4 of the George Mason Law Review (which I received in my mailbox today) has a well timed issue from its antitrust symposium featuring several articles on revisions to the Merger Guidelines.  Especially recommended is DOJ economist Greg Werden’s article here, which usefully sets the stage for some of the important debates.  ... Merger Guidelines Reading

BU Antitrust Conference Honoring Professor Joseph Brodley's Retirement

Professor Joe Brodley, after a long and distinguished career as an antitrust scholar, retired at the end of the Spring 2009 semester. Boston University Law School will host a symposium honoring Joe’s contributions to Antitrust on September 18, 2009. The Boston University Law Review will publish the contributions. The symposium will consist of three panels. ... BU Antitrust Conference Honoring Professor Joseph Brodley's Retirement

Weyerhaeuser and the Search for Antitrust’s Holy Grail

I’ve just posted my latest antitrust article, Weyerhaeuser and the Search for Antitrust’s Holy Grail, to SSRN. Here’s the abstract: A general definition of exclusionary conduct has become a sort of Holy Grail for antitrust scholars. At present, four proposed definitions appear most promising: (1) conduct that could exclude an equally efficient rival; (2) conduct ... Weyerhaeuser and the Search for Antitrust’s Holy Grail

Richman on Institutional Economics and Concerted Refusals to Deal

Barak Richman (Duke) has posted The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal to SSRN (forthcoming in the Virginia Law Review).  Here’s the abstract: An agreement among competitors to refuse to deal with another party is traditionally per se illegal under the antitrust laws. But coordinated refusals to deal are often ... Richman on Institutional Economics and Concerted Refusals to Deal

Kobayashi on the Law and Economics of Predatory Pricing

My colleague and co-author Bruce Kobayashi has posted The Law and Economics of Predatory Pricing to SSRN and is forthcoming in Keith Hylton’s Antitrust Law and Economics volume (Edward Elgar Publishing).  It is a comprehensive and insightful review of the expansive legal and economic literatures on this topic.  Here’s the abstract: This chapter reviews the ... Kobayashi on the Law and Economics of Predatory Pricing

International Antitrust Explosion in the FT

Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China.  The article repeats the basic point, worth repeating, that international cooperation can help avoid bad outcomes with multiple regulatory stakeholders with different incentives and institutional environments: That is not a criticism of the new competition rules ... International Antitrust Explosion in the FT