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CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions
Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de ... CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions
Jail time for backdaters
I’ve blogged fairly extensively about backdating, including serious questions about whether and when it was wrong at all, and even more serious questions about whether it should be criminalized. Among the specific issues are whether any misrepresentations were material to investors. And then there’s the epidemic of prosecutorial misconduct that has occurred in these cases. ... Jail time for backdaters
Meet the new doctor’s office: the hospital
The WSJ reports that doctors increasingly working for hospitals, which are becoming “consolidated health-care providers,” rather than for themselves. Doctors don’t want to have the burdens of ownership, and hospitals want to lock in customers for their expensive facilities. While doctors are reconfiguring into medical technology intermediaries, lawyers are clinging to their age-old model of ... Meet the new doctor’s office: the hospital
Creditor derivative suits in Delaware LLCs
The ever-helpful Francis Pileggi thoroughly discusses an interesting and important recent Delaware opinion by VC Laster, CML V, LLC v. Bax, C.A. No. 5373-VCL (Del.Ch. Nov. 3, 2010) which holds a creditor lacks standing under the Delaware LLC act to sue an insolvent LLC derivatively. The following builds on Mr. Pileggi’s excellent analysis. The court interpreted ... Creditor derivative suits in Delaware LLCs
Business Law and the Austrian Theory of the Firm
My Missouri colleague, Peter Klein, of Organizations and Markets fame (and, like Larry, a proud non-voter), has been asked to contribute a book chapter on the Austrian theory of the firm and the law. Peter, who has written extensively on the Austrian theory of the firm and maintains an online bibliography on the subject, is ... Business Law and the Austrian Theory of the Firm
Some Economics of Contractual Restrictions on Political Contributions by Cable Pundits
Jonathan Adler and Orin Kerr chime in over at VC to make the point that MSNBC’s rules against contributions from television personalities is pointless, or perhaps counterproductive. Here’s Adler: I agree with Orin that strict application of rules against political activity by journalists to opinionated commentators and hosts is silly. No one believes these figures ... Some Economics of Contractual Restrictions on Political Contributions by Cable Pundits
Foreclosure lawyers as mortgagees
The NYT reports on foreclosure lawyers who are getting paid contingency fees for mortgage savings, and are themselves getting mortgages from their clients to secure their fees: The Ticktin mortgages resemble the loans that the clients originally got from Countrywide, GMAC and other lenders. Each will be a contractual obligation with the law firm, labeled ... Foreclosure lawyers as mortgagees
Movies, capitalism and anti-semitism
Jean-Luc Godard’s getting an honorary Oscar which, as the NYT reports, presents a problem. Godard is “an avowed anti-Zionist and advocate for Palestinian rights,” and made a documentary which included alternating images of Golda Meir and Adolf Hitler. Most notably for present purposes, he told Le Matin in 1985: “What I find interesting in the ... Movies, capitalism and anti-semitism
FTC Settlement Finalized
The FTC settlement with Intel has been finalized with one change the Commission’s press release describes as follows: After considering public comments, the FTC modified the proposed order to allow Intel to manufacture and sell a chip that it had in development before the proposed order was negotiated, but that would violate that order because ... FTC Settlement Finalized
Patent Thickets: Lessons from the Sewing Machine War
My colleague Adam Mossoff’s wonderful paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket, was featured in a WSJ article focused on drawing implications for the smartphone market by studying our experience with the sewing machine patent pool. Professor Mossoff is optimistic about the opportunities for players in the ... Patent Thickets: Lessons from the Sewing Machine War
Election 2010 and Financial Services Politics
I thought it would be interesting to blog some of the rumors currently circulating about what the election will mean for the makeup of the House Financial Services Committee and the Senate Banking Committee. The makeup of the Senate Banking Committee is, I would argue, the single most important driver shaping financial services legislation. The ... Election 2010 and Financial Services Politics
When Google’s Competitors Attack …
We’ve discussed the all too common tactic in antitrust of rival’s complaining to government agencies to get them to bring antitrust complaints. There is nothing particularly special about this tactic. As I’ve pointed out in the context of allegations by Microsoft and Microsoft-supported rivals of Google, conventional economic reasoning suggests that, without more, complaints from ... When Google’s Competitors Attack …
