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

Showing results for:  “FTC policy statement unfair methods of competition”

Corporate governance, incentive compensation and the uncorporation

Acharya, Gabarro and Volpin’s Competition for Managers, Corporate Governance and Incentive Compensation has interesting insights and data on both corporate governance and executive compensation debates.  In the final analysis, I think it’s most interesting for what it says about the uncorporation.  Here’s the abstract:  We propose a model in which firms use corporate governance as ... Corporate governance, incentive compensation and the uncorporation

AALS unincorporated business section call for papers

CALL FOR PAPERS AALS Section on Agency, Partnerships, LLCs and Unincorporated Associations 2012 AALS Annual Meeting Washington, D.C. The AALS Section on Agency, Partnerships, LLCs and Unincorporated Associations will hold a program during the AALS 2012 Annual Meeting in Washington, D.C. on the subject of Using Unincorporated Business Entities for Non-Business or Non-Profit Purposes.  Business ... AALS unincorporated business section call for papers

Proxy advisors as regulatory spawn

John Carney comments on the rise of proxy advisory firms.  He attributes this partly to increasing complexity caused by the securities industry.  He notes the irony that “[r]eforms to securities regulations that were ostensibly intended to empower shareholders or further ‘shareholder democracy’ have instead resulted in increasing domination of proxy questions by a small clique ... Proxy advisors as regulatory spawn

Death of Big Government

I’ve been talking (maybe to death) about how high costs, competition, outsourcing, etc., have contributed to the Death of Big Law.  Now Bloomberg reports (HT Law blog) that Mark Cuban’s lawyer told U.S. District Judge Reggie Walton in Washington that he was seeking a creative solution to moving the case along, noting the federal government ... Death of Big Government

Markets and art

We often seem to assume that market competition is inconsistent with great art.  In fact this is not true.  People like good art, especially rich people, and therefore will pay for it.  Consider, for example, the state of movies and television today.  Edward Jay Epstein (HT MR) notes that while subscription television has had turn to ... Markets and art

Fretting over privacy

Gordon Crovitz, writing in today’s WSJ, notes that news that more than half of Americans over 12 have Facebook accounts powerfully suggests that people don’t care that much about “trading personal information for other benefits.”  He asks, “why is Washington so focused on new privacy laws?”  He’s referring, e.g., to the Obama administration’s call for ... Fretting over privacy

Welcome to Net Neutrality

Recently, I’ve been blogging about the difference between so-called “bias” in vertically integrated economic relationships and consumer harm (e.g., here and here).  The two are different.  Indeed, vertical integration and contractual arrangements are generally pro-consumer and efficient.   Many of the same arguments surrounded the net neutrality debate with critics largely skeptical that the legislation was ... Welcome to Net Neutrality

Get Ready for that Twinkie Tax.

Arizona’s governor has proposed charging $50 to certain Medicaid beneficiaries who smoke or are obese.  As today’s Wall Street Journal reports, the point of the surcharge is to internalize the externalities smokers and snackers impose on their fellow citizens, who bear much of the cost of their unhealthful choices: “If you want to smoke, go for it,” said Monica Coury, spokeswoman for Arizona’s Medicaid ... Get Ready for that Twinkie Tax.

The Supreme Court and mutual funds @ Cato

I’ll be helping Cato celebrate Constitution Day and the soon-to-be-published edition of their latest Supreme Court Review with my contribution on last term’s Jones v. Harris: Federal Misgovernance of Mutual Funds. See Walter Olson’s summary of the panel on the business cases. Here’s the abstract of my paper: In Jones v. Harris Associates, the Supreme ... The Supreme Court and mutual funds @ Cato

More Details on the OFT's Botched Prosecution of British Airways

Here (HT: Danny Sokol).   The post by Andreas Stephan implies that the OFT’s mistakes in the BA prosecution threaten to undermine the effectiveness of cartel enforcement in the UK generally and predicts that the OFT will not bring more criminal prosecutions in the near future.   Stephan also provides some more detail on what apparently went ... More Details on the OFT's Botched Prosecution of British Airways

"So when you listen to economists, you're listening to amateurs"

So says David Zaring over at the Conglomerate — at least when it comes to the topic of regulation.  I don’t buy it.   Anyway, here’s the complete quote for context: Economists love to suggest new regulatory structures (or, more often, why they will not work).  But, of course, they have no training in regulation, and ... "So when you listen to economists, you're listening to amateurs"

EU Intel Fines Attract Rebuke

I’ve criticized the European Commission’s antitrust attack against Intel here and the resulting $1.44 billion fine.  Now the EU is drawing fire for allegedly burying testimony, or at least failing to record it in a satisfactory manner, from Dell that it chose Intel’s chips not because of the coercive force of any of Intel’s rebates ... EU Intel Fines Attract Rebuke