The Archives

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

Showing results for:  “digital markets act”

For Scotch Whisky, Age Is Just A Number

For a potential entrepreneur, just how much time it will take to compete, and the barrier to entry that time represents, will vary greatly depending on the market he or she wishes to enter. A would-be competitor to the likes of Subway, for example, might not find the time needed to open a sandwich shop ... For Scotch Whisky, Age Is Just A Number

Antitrust and Health Care

Barak Richman (Duke) and James Blumstein (Vanderbilt) have an interesting exchange at PENNumbra, University of Pennsylvania School of Law’s online forum for debate surrounding scholarship in the U. Penn. L. Rev.  Here’s the abstract from Professor Richman’s article: Courts reviewing proposed mergers of nonprofit hospitals have too often abandoned the bedrock principles of antitrust law, ... Antitrust and Health Care

Dodd-Frank’s regulatory vacuum

There’s been a lot of talk about the regulatory impact on job-creation.  Add this: the regulatory vacuum resulting from an absence of rules under Dodd-Frank. A WSJ article notes that More than 100 new derivatives requirements in the law take effect on July 16, even though regulators have yet to issue final rules in the ... Dodd-Frank’s regulatory vacuum

Say on Pay in the UK

An interesting new paper by Ferri and Maber entitled Say on Pay Vote and CEO Compensation: Evidence from the UK has recently been posted on SSRN. Here’s the abstract: In this study, we examine the effect on CEO pay of new legislation introduced in the United Kingdom (UK) at the end of 2002 that requires ... Say on Pay in the UK

Thom, Tom, and Section 2

I highly recommend co-blogger Thom’s paper (discussed in this post) for those interested in the current Section 2 debate over the appropriate standard for exclusionary conduct.  While I tend to fall into the camp that views unilateral firm conduct as too diverse for a “holy grail” test to make sense, and therefore support different tests ... Thom, Tom, and Section 2

Some Links

Some blog posts I’ve been reading: Professor Bainbridge makes a lot of sense on the case against the Socratic Method in law teaching (so does Gordon Smith). By the way (and the Professor probably does not remember this), but he also gave me very good advice when I went on the job market in 2004. ... Some Links

Levin and Goldman

Pandering and scapegoating are not new activities for politicians, but Carl Levin has perfected these dark arts.  Most recently the Senator’s game has been to demonize Goldman, culminating in accusations that its ceo, Lloyd Blankfein, engaged in criminal behavior.  Per WaPo last April, Levin said federal prosecutors should review whether to bring perjury charges against ... Levin and Goldman

Financial Times Email Forum on Microsoft CFI

Richard Epstein and Harry First answer email questions about the Microsoft CFI decision here.  The answers predictably provide very different perspectives on the merits of the decision and its likely impact on consumer welfare.  HT: Chicago Law Blog.

The Supreme Court teaches a securities lesson

In Erica P. John Fund vs. Halliburton the Court held that the Fifth Circuit erred when it required loss causation for class certification.  The Court taught the lower courts the distinction among various elements of securities cases.  In order to get Basic’s presumption of reliance you have to prove, e.g., that the alleged misrepresentations were ... The Supreme Court teaches a securities lesson

More Milton Friedman Institute Commentary

While much has been said about the recent Milton Friedman Institute scuffle at the University of Chicago (including here at TOTM here), Chicago GSB Professor John Cochrane’s scathing comments on the original Protest letter have stirred up some additional commentary worth reading.  In particular, Craig Newmark (who adds the new fact that apparently the Protest ... More Milton Friedman Institute Commentary

Are Chimps Smarter than Humans?

I’ve previously hypothesized that the persistence of legal rules that lead to less overall wealth but seemingly more equitable distributions (rules such as the insider trading ban and Regulation FD) may stem from the fact that individuals are “hard-wired” to favor fairness, even if they must sacrifice some wealth to achieve it. That seems to ... Are Chimps Smarter than Humans?

A New Chief Economist at the FCC

Its a Bruin.  Marius Schwartz will replace Jonathan Baker as the new Chief Economist at the FCC.  From the press release: Schwartz’s teaching and research specialties are in industrial organization, competition and regulation. Before joining Georgetown University, Schwartz served as Economics Director of Enforcement at the Antitrust Division of the U.S. Department of Justice and ... A New Chief Economist at the FCC