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The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

How should an economist interpret the fact that Microsoft appears to be “behind” recent enforcement actions against Google in the United States and, especially, in Europe? “With skepticism!”  Is the answer I suspect many readers will offer upon first glance.  There is a long public choice literature, and long history in antitrust itself, that suggests ... The Microsoft-Google Antitrust Wars and Public Choice: There is Too An Argument Against Rival Involvement in Antitrust Enforcement

Nocera on the uncorporation and the financial crisis

The Glom’s having a book club on McLean & Nocera’s All the Devils Are Here. I haven’t read the book (it takes a lot to get me to read a book by business journalists).  But I have read David Zaring’s interview with his “favorite Times columnist.  One of the questions and answers naturally piqued my ... Nocera on the uncorporation and the financial crisis

Delaware uncorporate law evolves an escape from Dodd-Frank

It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so.  Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties.  This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank

Taxing big uncorporations

A few days ago Paul Caron summarized moves toward corporate taxation of pass-through entities with more than $50 million gross receipts, adding links to prior posts on this subject. Today’s WSJ echoes this story, quoting Sen. Max Baucus, Senate Finance Chair: “We’re talking about business income here. Why not have the large pass-throughs … pay ... Taxing big uncorporations

Barnett v. Barnett on Antitrust

Tom Barnett (Covington & Burling) represents Expedia in, among other things, its efforts to persuade a US antitrust agency to bring a case against Google involving the alleged use of its search engine results to harm competition.  In that role, in a recent piece in Bloomberg, Barnett wrote the following things: “The U.S. Justice Department ... Barnett v. Barnett on Antitrust

The return of privlic equity

It’s been over four years since the heyday of the last boom when I first discussed what I called “privlic equity” in an article about Blackstone’s proposed IPO. So here we are post-bust, and according to the WSJ, they’re baack: Apollo Global Management LLC became a public company in late March. Last year, KKR & ... The return of privlic equity

New on SSRN: Kobayashi and Ribstein on private lawmaking

The paper, with Kobayashi, is Law As A Byproduct: Theories Of Private Law Production.  Here’s the abstract: Public lawmakers lack incentives to engage in a socially optimal amount of legal innovation. Private lawmaking is a potential solution to this problem. However, private lawmaking faces a dilemma: In order to be effective privately produced laws need ... New on SSRN: Kobayashi and Ribstein on private lawmaking

Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies

One of the things that I hope to spend more time doing now that I have returned to the blogosphere is open-source article writing.  By that I mean blogging about an article idea and updating it as I progress.  Some say it’s a bad plan…people might steal your ideas, or maybe you expose yourself to ... Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies

Benjamin Barton on The Lawyer-Judge Bias

First, thanks to TOTM for organizing this symposium on a most timely and important topic.  As computers and technology have revolutionized every aspect of human endeavor it is a particularly critical time to ask ourselves why 21st century law schools closely resemble the law schools of the late-19th century and why in court litigation would ... Benjamin Barton on The Lawyer-Judge Bias

Amit Singhal on the Past, Present, and Future of Search

Pretty interesting interview with Google’s Senior VP Amit Singhal on where search technology is headed.  In the article, Singhal describes the shift from a content-based, keyword index  to incorporating links and other signals to improve query results.  The most interesting part of the interview is about what is next. Google now wants to transform words that ... Amit Singhal on the Past, Present, and Future of Search

Amazon and Whole Foods, Historically Considered

Viewed from the long history of the evolution of the grocery store, the Amazon-Whole Foods merger made sense as the start of the next stage of that historical process. The combination of increased wealth that is driving the demand for upscale grocery stores, and the corresponding increase in the value of people’s time that is driving the demand for one-stop shopping and various forms of pick-up and delivery, makes clear the potential benefits of this merger. Amazon was already beginning to make a mark in the sale and delivery of the non-perishables and dry goods that upscale groceries tend to have less of. Acquiring Whole Foods gives it a way to expand that into perishables in a very sensible way. We are only beginning to see the synergies that this combination will produce. Its long-term effect on the structure of the grocery business will be significant and highly beneficial for consumers.

The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple

Did Apple conspire with e-book publishers to raise e-book prices?  That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws?  Not necessarily—and even if it does, perhaps it shouldn’t. Antitrust’s sole goal is maximizing consumer welfare.  While that generally means antitrust regulators should focus on lower prices, the situation is more ... The procompetitive story that could undermine the DOJ’s e-books antitrust case against Apple