The Archives

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

Showing results for:  “digital markets act”

Do Positive Externalities Always Justify Government Subsidies? Some Insights From the Austrians and Public Choice

The folks over at Lawyers, Gun$, and Money are chiding me for ignoring (or, as they say, never having heard of) positive externalities. A couple of days ago, I criticized a NYT editorial calling for the federal government to “throw its weight behind” private efforts to develop alternative fuels. My main point was that the ... Do Positive Externalities Always Justify Government Subsidies? Some Insights From the Austrians and Public Choice

Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

This symposium offers a good opportunity to look again into the complex relation between concentration and innovation in antitrust policy. Whilst the details of the EC decision in Dow/Dupont remain unknown, the press release suggests that the issue of “incentives to innovate” was central to the review. Contrary to what had leaked in the antitrust ... Antitrust review of ag-biotech mergers: Appropriability versus cannibalization

Grimes on the KFTC's Microsoft Decision

Warren Grimes of the American Antitrust Institute (and Southwestern Law School) defends the Korea Fair Trade Commission’s recent Microsoft decision holding that Microsoft abused its dominant position by bundling Instant Messenger and Windows Media Player technologies to its operating system, and its order that Microsoft must sell unbundled versions. Grimes central point is that not ... Grimes on the KFTC's Microsoft Decision

Underappreciated Economists: UCLA Edition

I’m late to the “name your favorite underappeciated economist game” that was kicked off in light of John Cassidy’s Pigou column.  The Marginal Revolution crew points to Malthus and Fisher (Cowen and Tabarrok, respectively).  My first instinct is to go with Armen Alchian.  Though Armen has always been much appreciated on this blog.  So I’m ... Underappreciated Economists: UCLA Edition

Shouldn't I Just Be Happy My Name is Spelled Correctly?

I’m not generally a big fan of blogging to complain about law reviews or the way that my work has been interpreted by others.  I’m generally of the view that the risk of having my work misinterpreted within a reasonable range is my own to bear, and that if it happens, it’s probably due to ... Shouldn't I Just Be Happy My Name is Spelled Correctly?

Antitrust and the Dynamics of Competition in High-Tech Industries

On Friday, I will be participating at an event at Technology Policy Institute, where I will be discussing the titular question along with Bob Crandall, Charles Jackson, Christopher Yoo, and Bruce Owen.  Discussants are Joe Farrell, Tim Brennan, Carl Shapiro and Michael Salinger.  As suggested below, my topic will be the recent antitrust enforcement actions ... Antitrust and the Dynamics of Competition in High-Tech Industries

Merger Control’s Misaligned Incentives

Antitrust policymakers around the world have taken a page out of the Silicon Valley playbook and decided to “move fast and break things.” While the slogan is certainly catchy, applying it to the policymaking world is unfortunate and, ultimately, threatens to harm consumers. Several antitrust authorities in recent months have announced their intention to block ... Merger Control’s Misaligned Incentives

Lawsuit loans

Last week I discussed my new paper with Kobayashi, Law’s Information Revolution, which discusses how law’s traditional business of lawyers conveying legal expertise via advice to individual clients “is being challenged by the sale of legal information to impersonal product and capital markets.” Today’s NYT discusses an aspect of this market — advancing money to ... Lawsuit loans

Microsoft’s mobile innovation today undercuts arguments built on yesterday’s Microsoft antitrust case

Last year, Microsoft’s new CEO, Satya Nadella, seemed to break with the company’s longstanding “complain instead of compete” strategy to acknowledge that: We’re going to innovate with a challenger mindset…. We’re not coming at this as some incumbent. Among the first items on his agenda? Treating competing platforms like opportunities for innovation and expansion rather ... Microsoft’s mobile innovation today undercuts arguments built on yesterday’s Microsoft antitrust case

Investor-Protective Analysis or Illegal Insider Trading?

One problem with a group blog is that you don’t always know what your co-bloggers are writing while you’re drafting a post.  I drafted the following post without realizing that Larry (and Steve Bainbridge) had already gone to town on the matter — in more detail than I, not surprisingly.  In any event, I’m posting ... Investor-Protective Analysis or Illegal Insider Trading?

A “Plain Vanilla” Proposal for Behavioral Law and Economics

I’ve been, for some time, a behavioral law and economics skeptic.  Sometimes this position is confused with skepticism about behavioral economics, as in — believing that behavioral economics itself offers nothing useful to economic science or is illegitimate in some way.   That’s not true.  Now, I have some qualms about the explanatory power of some ... A “Plain Vanilla” Proposal for Behavioral Law and Economics

The federalization of corporate governance marches on

Last month I noted that the Senate was about to repeat its SOX mistake with another ill-fated foray into regulating corporate governance.  I focused on provisions for mandatory majority voting, separation of the board chair and CEO jobs, risk committees, say-on-pay, and pay-performance disclosures.   Now Annette Nazareth summarizes (HT Bainbridge) the provisions in the ... The federalization of corporate governance marches on