Showing results for: “digital markets act”
Why (Ever) Define Markets?
The titular question is posed by Louis Kaplow (Harvard) in a recent piece in the Harvard Law Review that I suspect will attract a fair amount of attention. I may have more to say about this later, but for now, here is the abstract: Competition law is dominated by the market definition / market share ... Why (Ever) Define Markets?
Arthur Rosett
Professor Bainbridge passes along the sad news that UCLA Law’s Arthur Rosett has passed. Professor Rosett my my contracts professor at UCLA in my first year of law school. The LA Times Obituary hits the highlights of Professor Rosett’s legal career: Arthur was a distinguished legal scholar and esteemed member of the faculty at the ... Arthur Rosett
Is The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010 Constitutional?
C. Boyden Gray and John Shu offer a very helpful discussion on this issue in an article in Engage. Here is the abstract: President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank” or “the Act”) into law on July 21, 2010. The massive and complex Act is reportedly the ... Is The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010 Constitutional?
What happened to IPOs?
So Facebook finally had its public offering. But it didn’t look like your father’s IPO. Instead, Facebook sold $500 million in stock to one person. The stock will be held by a single special purpose vehicle so Facebook avoids going over the 500-investor-limit for avoiding the disclosure obligations of a public company. Wealthy investors get to ... What happened to IPOs?
E-marriage at the AALS
I’ll be speaking at the AALS on a “hot topic” devoted to this interesting subject, Yosemite C, ballroom level at the Hilton, 4-5:45 January 7. Here’s a brief excerpt from a longer description of the program: The panel explores the likelihood that technology, modern-day mobility, and patterns in affiliation will produce increasing numbers of marriage ... E-marriage at the AALS
The First Amendment, the securities laws and hedge funds
I have been writing for some time about the First Amendment and the securities laws. In a nutshell, the formerly inviolate notion that the securities laws are a First-Amendment-free zone has always been constitutionally questionable. The questions multiply with the expansion of the securities laws. The Supreme Court’s recent broad endorsement of the application of the ... The First Amendment, the securities laws and hedge funds
R.I.P. Alfred Kahn (1917-2010)
A remembrance from David Henderson,and Kahn’s entry in the Concise Encyclopedia of Economics on Airline Deregulation. An excerpt from the WSJ/ AP obituary: A leading scholar on public-utility deregulation, Mr. Kahn led the move to deregulate U.S. airlines as chief of the now-defunct Civil Aeronautics Board in 1977-78. The board had to give its approval ... R.I.P. Alfred Kahn (1917-2010)
The securities laws and the First Amendment
Attorney John Olson has posted a discussion and copy of a brief for the Chamber of Commerce and the Business Roundtable challenging the SEC’s recent proxy access rule, Rule 14a-11. That’s the rule that requires corporations to include in their proxy materials candidates for director election nominated by 3%/3-year shareholders. (Here’s my discussion of some ... The securities laws and the First Amendment
Sheepaholics
According to today’s WSJ: “Once upon a time, Americans got dogs for their sheep. Now they get sheep for their dogs.” Seems that border collies really need to herd. They’re so compulsive that “they sometimes search for livestock behind the television when sheep appear on screen.* * * Left unoccupied, they’ll dig up the garden, ... Sheepaholics
Religion, capitalism and compassion
My most avid fans may have noticed I’ve been away from blogging for a few days. In fact, I’ve been traveling for a lot of that time in Israel (among other things, giving a talk at Hebrew University in Jerusalem). Given my recent travels to the Holy Land I thought it might be appropriate for ... Religion, capitalism and compassion
Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)
The “consumer choice” approach to antitrust is increasingly discussed in a variety of settings, and endorsed by regulators and in scholarship, especially but not exclusively in the Section 5 context. The fundamental idea is that the “conventional” efficiency approach embedded in the total and/or consumer welfare standards is too cramped and does not measure the ... Against Consumer Choice as an Antitrust Standard (Some Preliminary Thoughts)
The Limits of Behavioral Law and Economics, Australia Edition
At the excellent Core Economics blog, Andreas Ortman discusses an Australian policy debate involving the Review of the Governance, Efficiency, Structure and Operation of Australia’s Superannuation System (also known as the Cooper Review), and more specifically, retirement savings and the superannuation system. The Cooper Review drafters contend that the behavioral economics literature strongly supports a ... The Limits of Behavioral Law and Economics, Australia Edition
