The Archives

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

Showing results for:  “premium natural and organic”

The (Present) Costs of Global Warming

According to a news story from Reuters, a recent Tufts University study (available here) says that “if nothing is done to combat global warming,” then by the year 2100, “two of Florida’s nuclear power plants, three of its prisons and 1,362 hotels, motels and inns will be under water” because of rising sea levels. This ... The (Present) Costs of Global Warming

Coase and Smoking: Who’s the Victim Here?

Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently criticized the ban at Ideoblog.) The proprietors of the Marshall McGearty Tobacco Lounge insist that the lounge is permitted because of a loophole allowing smoking in retail tobacco shops. Not ... Coase and Smoking: Who’s the Victim Here?

Free Uber

From the NY Times: Uber, a company based in San Francisco, is introducing a smartphone app to New York that allows available taxi drivers and cab-seeking riders to find one another. The company said the service would begin operating on Wednesday in 105 cabs — a bit less than 1 percent of the city’s more ... Free Uber

Hexion v. Huntsman: Vice Chancellor Lamb’s Must-Read Opinion For Deal Lawyers

On Monday night, Delaware Vice Chancellor Lamb issued an opinion in the epic Hexion v. Huntsman battle, ordering Hexion to perform its obligations under its 2007 agreement to acquire Huntsman.  The opinion is well worth reading for deal lawyers – it offers a good tutorial on how private equity deals can fall apart, how merger ... Hexion v. Huntsman: Vice Chancellor Lamb’s Must-Read Opinion For Deal Lawyers

Steeling to Block a Merger

In an April 17 address to United Steelworkers in Pittsburgh, President Joe Biden vowed that his administration would “thwart the acquisition of U.S. Steel by a Japanese company,” Nippon Steel, telling the assembled union members that U.S. Steel “has been an iconic American company for more than a century and it should remain totally American.” ... Steeling to Block a Merger

Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Exclusive dealing prevents the bait-and-switch behavior by dealers who convert customers drawn by one brand to the products of its rivals. Despite the red flag of “exclusive” in its title, the practice is ordinarily uncontroversial, indeed innocuous. Automobile manufacturers often pay incentives to encourage dealers to deal exclusively in their vehicles. Business format franchising ensures ... Section 2 Symposium: Howard Marvel on Safe Harbors for Short Term Exclusive Dealing Contracts

Waking up to Platform Regulation

Brrring! “Gee, this iPhone alarm is the worst—I should really change that sometime. Let’s see what’s in my calendar for today…” In accordance with new regulatory requirements, Apple is providing you with a choice of app stores. Please select an option from the menu below. Going forward, iOS applications will download via the selected store ... Waking up to Platform Regulation

Securities prices and current events

When teaching efficient markets I like to have fun speculating about the limits of the theory.  The third edition of my casebook (Ribstein & Letsou, Business Associations), had a New Yorker cartoon which showed executives looking out their high-rise window at attacking flying saucers and remarking: “Drat! I suppose the market has already discounted this, ... Securities prices and current events

Case closed: Google wins (for now)

The European Commission and its supporters were quick to claim victory following last week’s long-awaited General Court of the European Union ruling in the Google Shopping case. It’s hard to fault them. The judgment is ostensibly an unmitigated win for the Commission, with the court upholding nearly every aspect of its decision.  However, the broader ... Case closed: Google wins (for now)

Retirement Benefits and the Lucent/Alcatel Deal

As a merger between Lucent and Alcatel inches closer to completion, Lucent’s retirees worry about what may happen to their benefits. Billed as a “merger of equals,� concerns about Lucent’s retirement accounts have been a speed bump. While Lucent has nearly a $2.7 billion surplus in its three of its pension plans, it faces a ... Retirement Benefits and the Lucent/Alcatel Deal

The Commission Wins an Exclusive Dealing Case

Today, the Commission announced a consent decree with Transitions Optical in an exclusionary conduct case.  Here’s the FTC description: Transitions Optical, Inc., the nation’s leading manufacturer of photochromic treatments that darken corrective lenses used in eyeglasses, has agreed to stop using allegedly anticompetitive practices to maintain its monopoly and increase prices, under a settlement with ... The Commission Wins an Exclusive Dealing Case

Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts

Dan Crane and Thom (who has promised more remarks!) have now both posted their prepared remarks for the Section 2 hearings panel on bundled discounts. Both call for bright-line, administrable liability rules for all forms of unilateral exclusionary conduct, and have important things to say about designing antitrust rules for bundled discounts. Both are worth ... Bundled Discounts, Exclusive Dealing, and Liability Rules: Thoughts on Crane and Lambert on Bundled Discounts