The Archives

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

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Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers

I blogged a bit about the MetroPCS net neutrality complaint a few weeks ago.  The complaint, you may recall, targeted the MetroPCS menu of packages and pricing offered to its consumers.  The idea that MetroPCS, about one-tenth the size of Verizon, has market power is nonsense.  As my colleague Tom Hazlett explains, restrictions on MetroPCS ... Net Neutrality, the MetroPCS Complaint, and Low-Income Consumers

More on the Fighting Antitrust Agencies

One additional observation on the WSJ story Paul mentioned.  Much has been written about the strained relationship between the FTC and DOJ in antitrust matters.  There has, of course, never been a more descriptive and entertaining version of these tensions than the one offered by former Chairman and now Commissioner Kovacic who observed that the ... More on the Fighting Antitrust Agencies

Modes of mixing law and economics

Geoff Miller has a new must-read paper on the relationship between law and economics:  Law and Economics versus Economic Analysis of Law.  Here’s the abstract: This paper distinguishes law and economics – conceived as an equal partnership between two disciplines – and economic analysis of law, conceived as the application of economic reasoning to legal ... Modes of mixing law and economics

Municipal extortion and full employment for lawyers

Consider this a venting, especially as one of the few non-lawyers in our blogging group. Recently one of my lawyer friends posted a Facebook status as “Amending moving violations and saving clients on their insurance” at the local municipal court. This post reminded me of one of my less-than-enjoyable encounters with the Missouri traffic court ... Municipal extortion and full employment for lawyers

Manne and Wright on Search Neutrality

Josh and I have just completed a white paper on search neutrality/search bias and the regulation of search engines.  The paper is this year’s first in the ICLE Antitrust & Consumer Protection White Paper Series: If Search Neutrality Is the Answer, What’s the Question? Geoffrey A. Manne (Lewis & Clark Law School and ICLE) and ... Manne and Wright on Search Neutrality

Scalping Next

So Alinea’s Grant Achatz has a new restaurant, Next, which is the talk of Chicago and the nation.  You can buy transferable dining tickets which the NYT reports are being traded online up to $3,000.  So now we see that even chefs can be like Hannah Montana. Alinea caps sales at two tables/customer given a ... Scalping Next

DOJ clears Google-ITA

The press release is here. Notably, the settlement obligates Google to continue product development and to license ITA software on commercially-reasonable terms, seemingly for 5 years.  Frankly, I can’t imagine Google wouldn’t have done this anyway, so the settlement is not likely much of a binding constraint. Also notable is what the settlement doesn’t seem to ... DOJ clears Google-ITA

Opening the US securities markets

Larry makes a strong argument below for why the proposed SEC rules changes reported today in the WSJ should not be heralded as some great opening up of US securities markets, but that the changes are little more than political posturing to prevent addressing the real problem of the costs imposed by securities regulation more ... Opening the US securities markets

Closing the US securities markets

The WSJ reports that the SEC is considering raising the 500-shareholder limit on the number of holders of a class of securities a company can have before having to register that security with the Commission under Section 12(g) of the 1934 Act. The SEC reportedly is also considering relaxing the “general solicitation” restriction on private ... Closing the US securities markets

Corporate governance, incentive compensation and the uncorporation

Acharya, Gabarro and Volpin’s Competition for Managers, Corporate Governance and Incentive Compensation has interesting insights and data on both corporate governance and executive compensation debates.  In the final analysis, I think it’s most interesting for what it says about the uncorporation.  Here’s the abstract:  We propose a model in which firms use corporate governance as ... Corporate governance, incentive compensation and the uncorporation

Pioneers of Law and Economics Available in Paperback

Pioneers of Law and Economics (with Lloyd Cohen) is now available in paperback.  You can get it for 20% off the cover price at the link above (discounted price = $36). There are essays focusing on: Ronald Coase, Aaron Director, George Stigler, Armen Alchian, Harold Demsetz, Benjamin Klein, James Buchanan, Gordon Tullock, Henry Manne, Richard ... Pioneers of Law and Economics Available in Paperback

Type I errors in action, Google edition

Does anyone really still believe that the threat of antitrust enforcement doesn’t lead to undesirable caution on the part of potential defendants? Whatever you may think of the merits of the Google/ITA merger (and obviously I suspect the merits cut in favor of the merger), there can be no doubt that restraining Google’s (and other ... Type I errors in action, Google edition