Showing results for: “digital markets act”
A Follow Up on the Cato Unbound Conversation on New Paternalism
Two weeks ago I highlighted the promising looking Cato Unbound forum on the new paternalism kicked off by Glen Whitman, with follow up posts and responses from the King (or co-King along with Cass Sunstein) of Nudge, Richard Thaler, along with Jonathan Klick and Shane Frederick. I was really excited about the forum, because I ... A Follow Up on the Cato Unbound Conversation on New Paternalism
Market Definition and Margins in the New Guidelines
I’m still working through the 2010 Horizontal Merger Guidelines, and like Dan, I find myself puzzling over some of the revisions, and in favor of others. I wanted to start with some first impressions. The big movement here, is that the new HMGs repudiate the market definition requirement in the new Section 4 and in ... Market Definition and Margins in the New Guidelines
Whoa There, Big Fellows!
The DoJ/FTC revised merger guidelines, released as a draft for public comment yesterday, have me scratching my head. I need to spend more time with them before I come to any strong views, but the obvious issue-spotter is the elimination of market definition as a necessary step in the analysis. So we all know that ... Whoa There, Big Fellows!
In Defense of Twombly/ Iqbal
See here (Drug & Device Law Blog). There is a ton there, including a discussion of the cases and secondary literature criticizing Twombly/ Iqbal. Here’s a taste: On the question of Twombly/Iqbal, we’re litigators, not professors, so we don’t have the time or inclination to create fancy theoretical constructs such as “plaintiff neutrality principles.” Effron ... In Defense of Twombly/ Iqbal
Some Warnings for Modern Pigovians (from Pigou Himself)
We live in a time of optimism about government’s ability to improve upon the unregulated state of affairs. From health insurance to financial markets to the types of fats we eat, cars we drive, and sources of energy we consume, there is a sense among our political, media, and academic elites that our privately ordered ... Some Warnings for Modern Pigovians (from Pigou Himself)
Investor's Bill of Rights
This week the Senate is scheduled to hear debate over the latest financial regulation reform bill (also known as the Dodd Bill). Part of the Dodd Bill incorporated aspects from a bill from Senator Schumer introduced last summer, against which I testified, called the “Shareholder’s Bill of Rights.” In light of this week’s momentous events, ... Investor's Bill of Rights
David Balto (and the FTC) gets it woefully wrong on Intel
David Balto has penned a short apologia of the FTC’s Intel case (HT: Danny Sokol). Unfortunately his defense (and, unfortunately, the FTC’s case) is woefully misguided. Balto writes: Intel has been clearly dominant in the market for central processing units (CPUs) with between 80 percent and 98 percent of the market. The practices at issue ... David Balto (and the FTC) gets it woefully wrong on Intel
Getting The Cart Before The Horse Exposes the Horse's Rear
Will someone remind me just why the USDA and DOJ are hosting their little Antitrust in Ag roadshow this year? The Associated Press reports today that the USDA is set to release a new set of regulations on the livestock and poultry industries. Reporter Christopher Leonard describes the new regulations as “the most sweeping antitrust ... Getting The Cart Before The Horse Exposes the Horse's Rear
Elena Kagan Email on the Solomon Amendment
A story in the WSJ Today describes how Elena Kagan is likely to face opposition based on her stance against the Solomon amendment, a law which denied schools federal funding if they failed to allow military recruiters on campus. Dean Kagan, along with a number of other law school deans, challenged the law in Court ... Elena Kagan Email on the Solomon Amendment
Clerkships in Delaware for Aspiring Corporate Lawyers
Students interested in pursuing a career in corporate law often confront me about clerking in the Delaware Courts. If you’ve taken basic Business Law in law school, you know that the Delaware Supreme Court and the Delaware Court of Chancery are the source of American corporate law, owing to the fact that corporate law is ... Clerkships in Delaware for Aspiring Corporate Lawyers
Klick on Libertarian Paternalism: The Dangers of Letting Someone Else Decide
Jonathan Klick (Penn) is next up in the Cato Unbound forum on libertarian paternalism featuring entries from Glen Whitman and Richard Thaler (and one from Shane Frederick coming). My initial reaction to Thaler’s response to Whitman was that it was far too dismissive, defensive, and a bit out of tone for my own liking, but ... Klick on Libertarian Paternalism: The Dangers of Letting Someone Else Decide
Blaming the D.C. Circuit for Regulatory Failure?
Washington Post columnist Steve Pearlstein offers a novel explanation for “regulatory failure.” The D.C. Circuit, has, Pearlstein asserts, “has intimidated, undermined and demoralized the regulatory apparatus” by giving insufficient deference to regulators and “opinions that routinely ignore the plain language of statute and the clear intent of Congress.” Pearlstein holds up three Republican appointees as ... Blaming the D.C. Circuit for Regulatory Failure?
