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

Showing results for:  “digital markets act”

TOTM welcomes back Alden Abbott

I am delighted to announce that Alden Abbott has returned to TOTM as a regular blogger following his recent stint as General Counsel of the FTC. You can find his first post since his return, on the NCAA v. Alston case, here. Regular readers know Alden well, of course. Not only has he long been ... TOTM welcomes back Alden Abbott

Obnoxious, Disruptive, Worth a Debilitating Electrical Charge

Have any of you actually watched the video of the University of Florida student, Andrew Meyer, who was tasered (shocked with a stun gun that emits a “debilitating electrical charge“) by UF Police at a discussion with Senator John Kerry?  The student was asking a series of questions of Senator Kerry, and apparently the student ... Obnoxious, Disruptive, Worth a Debilitating Electrical Charge

Behavioral Law and Economics of Contracts

After receiving the page proofs last week, I’m posting “Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective” to SSRN. I wrote this paper for last year’s NYU Journal of Law & Liberty Symposium on Behavioral Economics’ Challenge to the Classical Liberal Program. The basic idea of the paper is an evaluation of ... Behavioral Law and Economics of Contracts

Easterbrook (Gregg, not Frank) Up a Creek

Here’s another reason—as if you needed it—as to why getting a reasonable bailout of the mortgage-backed securities market through Congress was so difficult. Below I reproduce an analysis from Gregg Easterbrook of the Brookings Institute: Supposing we assume the bailout is required, here is what bothers me about the plan so far: Taxpayers don’t get ... Easterbrook (Gregg, not Frank) Up a Creek

Citigroup, Wachovia, Wells Fargo, the Exclusivity Agreement, and Specific Performance… and the Huntsman Opinion

On Monday, Citigroup announced that it had reached an agreement in principle to acquire some of Wachovia’s assets.  Today, Wachovia announced it was being wholly acquired by Wells Fargo in a stock deal. Citigroup responded with outrage, announcing that Wachovia was in breach of its Exclusivity Agreement with Citigroup.  If you read the Exclusivity Agreement, ... Citigroup, Wachovia, Wells Fargo, the Exclusivity Agreement, and Specific Performance… and the Huntsman Opinion

ICLE at the Oxford Union

Earlier this year, the International Center for Law & Economics (ICLE) hosted a conference with the Oxford Union on the themes of innovation, competition, and economic growth with some of our favorite scholars. Though attendance at the event itself was reserved for Oxford Union members, videos from that day are now available for everyone to ... ICLE at the Oxford Union

Undermining Community for Specious Public Health Benefits

We classical liberals are often criticized for undermining communitarian values by emphasizing individual liberties.  In reality, though, a liberal society (in the classical sense, not the welfare-state sense) fosters community by allowing people to associate in ways they find most meaningful.  Indeed, one of the great things about a liberal, live-and-let-live city is that it ... Undermining Community for Specious Public Health Benefits

Would You Rather: Merger or Nationalization?

While much of the world of competition policy has focused on mergers in the COVID-19 era. Some observers see mergers as one way of saving distressed but valuable firms. Others have called for a merger moratorium out of fear that more mergers will lead to increased concentration and market power. In the meantime, there has ... Would You Rather: Merger or Nationalization?

Coate on Unilateral Effects at the FTC

FTC economist Malcolm Coate has posted Unilateral Effects Under the Guidelines: Models, Merits and Merger Policy to SSRN.  Here’s the abstract: This paper models FTC unilateral effects merger policy using a broad sample of 153 investigations undertaken between 1993 and 2005. Standard unilateral effects analysis proposes a range of models for competitive effects. A review ... Coate on Unilateral Effects at the FTC

Ralph Nader, investor

So how is Ralph Nader, the former scourge of GM and all things corporate, doing with his retirement fund?  The WSJ takes a peak: In 2000, his Cisco stake was valued at $1 million, about one-third of his $3 million portfolio. As Cisco’s share price swooned in the years that followed, it has represented a ... Ralph Nader, investor

FTC's Whole Foods complaint: still bulls**t

As Manfred reports over at the Antitrust Review, the judge has unsealed the FTC’s complaint against Whole Foods.  This unredacted version reveals an unhealthy reliance on hot docs by the FTC’s staff.  I won’t belabor the point.  But when you’re looking at marketing materials and reports to the board to identify anticompetitive intent (hmmm.  I ... FTC's Whole Foods complaint: still bulls**t

Carl Shapiro to CEA

The WSJ reports that Carl Shapiro, deputy assistant attorney general for economics in the DOJ’s antitrust division, has been nominated by President Obama to his Council of Economic Advisers.  Also worth noting is that Phil Weiser, also a former deputy assistant attorney general in the antitrust division, is now senior advisor for technology and innovation ... Carl Shapiro to CEA