Showing results for: “digital markets act”
Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
I’ve spent the last few days in DC at the ABA Antitrust Section’s Spring Meeting. The Spring Meeting is the extravaganza of the year for antitrust lawyers, bringing together leading antitrust practitioners, enforcers, and academics for in-depth discussions about developments in the law. It’s really a terrific event. I was honored this year to have ... Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future
Scrapping the Notion of Fiduciary Duties Owed to Shareholders
U of Chicago Law Professors Douglas Baird and M. Todd Henderson (my very smart, very tall law school classmate) recently posted a provocative paper on SSRN. The paper, Other People’s Money, contends that “the oft-repeated maxim that directors of a corporation owe a fiduciary duty to the shareholders” is an “almost-right principle that has distorted ... Scrapping the Notion of Fiduciary Duties Owed to Shareholders
Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting
Friday I discussed FTC Commissioner (and TOTM alumnus) Josh Wright’s speech at the Spring Meeting of the ABA’s Antitrust Section. Wright’s speech, What’s Your Agenda?, is now available online. As I mentioned, Commissioner Wright emphasized two matters on which he’d like to see FTC action. First, he hopes the Commission will help fulfill the promise of Section 5 of the FTC Act by ... Commissioner Wright’s Speech at the ABA Antitrust Section’s Spring Meeting
Disclosure of ethics waivers under SOX: Recent scholarship from Rodrigues and Stegemoller
Usha Rodrigues and Mike Stegemoller have penned an interesting article, “Placebo Ethics,” assessing the effect of one of SOX’s disclosure provisions: The required immediate disclosure of waivers from a company’s code of ethics, found in Section 406 of the law. The article is concrete, informative, empirical and well-written. The article’s abstract summarizes the heart of ... Disclosure of ethics waivers under SOX: Recent scholarship from Rodrigues and Stegemoller
How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
On August 14, the Federalist Society’s Regulatory Transparency Project released a report detailing the harm imposed on innovation and property rights by the Patent Trial and Appeals Board, a Patent and Trademark Office patent review agency created by the infelicitously-named “America Invents Act” of 2011. As the report’s abstract explains: Patents are property rights secured ... How a Patent Office Agency Undermines Patent Rights and Cripples Innovation – and What Can Be Done About It
Norwegian Decision Banning Behavioral Advertising on Facebook and Instagram
The Norwegian Data Protection Authority (DPA) on July 14 imposed a temporary three-month ban on “behavioural advertising” on Facebook and Instagram to users based in Norway. The decision relied on the “urgency procedure” under the General Data Protection Regulation (GDPR), which exceptionally allows direct regulatory interventions by other national authorities than the authority of the country ... Norwegian Decision Banning Behavioral Advertising on Facebook and Instagram
The Merck Directors and the Vioxx Debacle: A Good Chance to Revisit the Phrase “In Good Faith�
Have we already discussed the In re Merck & Co. opinion (2006 WL 1228595 (D.N.J. May 6, 2006)), wherein we find a curious demand futility discussion regarding the Vioxx debacle? Please tell me that someone out there in the blogosphere has already dissected the opinion at length. No? On May 5, 2006, Federal District Court ... The Merck Directors and the Vioxx Debacle: A Good Chance to Revisit the Phrase “In Good Faith�
Is Delaware uncorporate law unconstitutional?
It is well known that Delaware unincorporated entity statutes (e.g., 6 Del. Code Section 18-1101) permit the waiver of all fiduciary duties, not only of care, but also of loyalty. Now along comes Lyman Johnson, a respected corporate scholar, to argue, in Delaware’s Non-Waivable Duties that those statutes violate the Delaware constitution (HT Pileggi). Johnson ... Is Delaware uncorporate law unconstitutional?
FTC Closes UFC Investigation
Sports Illustrated: The Federal Trade Commission has concluded and closed a six-month, nonpublic investigation of Zuffa LLC., the owners of the Ultimate Fighting Championship, and will not take further action at this time, an FTC spokesperson confirmed to SI.com on Tuesday. According to closing letters to parties involved that were made public Tuesday, the FTC ... FTC Closes UFC Investigation
The net neutrality CRA may be the most tedious piece of political theater ever
At this point, only the most masochistic and cynical among DC’s policy elite actually desire for the net neutrality conflict to continue. And yet, despite claims that net neutrality principles are critical to protecting consumers, passage of the current Congressional Review Act (“CRA”) disapproval resolution in Congress would undermine consumer protection and promise only to ... The net neutrality CRA may be the most tedious piece of political theater ever
Is Google Search Bias Consistent with Anticompetitive Foreclosure?
In my series of three posts (here, here and here) drawn from my empirical study on search bias I have examined whether search bias exists, and, if so, how frequently it occurs. This, the final post in the series, assesses the results of the study (as well as the Edelman & Lockwood (E&L) study to ... Is Google Search Bias Consistent with Anticompetitive Foreclosure?
Ronald Mann on Nudging from Debt
The idea that the regularity of behavioral departures from full rationality justifies regulatory intervention has rarely gained more credence than in the context of consumer finance. The Credit CARD Act of 2009 rests on nothing so much as the supposition that cardholder decisions about spending and repayment reflect systematic misapprehension of the likely patterns of ... Ronald Mann on Nudging from Debt
