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First reactions to the Intel Settlement
I just finished watching the FTC webcast announcing the Intel settlement and did a quick read over the agreement itself. Some quick high-level reactions: The tone of the press conference was triumphant, of course. Leibowitz claimed that the FTC got 22 out of 26 of the remedies proposed in the complaint and that Intel, which ... First reactions to the Intel Settlement
Intel Settlement Watch Part III
The settlement is here. Somewhat oddly, the details of the settlement are to take place tomorrow at a press conference at 10 am. Here’s the FTC announcement: Federal Trade Commission Chairman Jon Leibowitz will be joined by Bureau of Competition Director Richard Feinstein at FTC Headquarters on Wednesday, August 4, 2010, at 10:00 a.m. ET ... Intel Settlement Watch Part III
Who CAREs About Beer and Wine Consumers?
The Comprehensive Alcohol Regulatory Effectiveness Act — yes, the “CARE Act” — or HR 5034, is a piece of legislation aimed at supporting “State-based alcohol regulation.” Recall the Supreme Court’s decision in Granholm v. Heald, which held that states could either allow in-state and out-of-state retailers to directly ship wine to consumers or could prohibit ... Who CAREs About Beer and Wine Consumers?
Apple and Amazon E-Book Most Favored Nation Clauses
Connecticut AG Richard Blumenthal has reportedly contacted Apple and Amazon concerning their pricing arrangements with publishers (WSJ, CNN): Mr. Blumenthal said he has sent letters to Amazon and Apple asking them to “meet with his office” to address his concerns that agreements in place may restrict rivals from offering cheaper e-books. For instance, he said, ... Apple and Amazon E-Book Most Favored Nation Clauses
Monopolization Enforcement at the Antitrust Division By the Numbers
Dan Crane’s post on the DOJ’s antitrust activity, and in particular, monopolization enforcement, during the Obama administration notes the dissonance between rhetoric and reality. I thought I’d post the following data from the DOJ website concerning Section 2 investigations initiated and cases won over the last 40 years for some perspective. What do these data ... Monopolization Enforcement at the Antitrust Division By the Numbers
A corporation is not a partnership
Peter Mahler discusses a recent NY close corporation case, Pappas v. Fotinas which he describes as “a thoughtful, well-reasoned decision that sets forth the competing factual narratives and operative legal principles.” I defer to Mr. Mahler’s overall assessment of the opinion, and refer the reader to his detailed discussion of the case. But in one respect ... A corporation is not a partnership
Citigroup and federal fiduciary law
The SEC has reached another peculiar settlement, this time $75 million from Citigroup, plus fines against executives. As with the Goldman settlement, Citigroup didn’t admit fraud, or even, as in that case, a mistake. Citigroup was accused of misleading investors about its exposure to subprime. The bank knew it was exposed to the housing market, ... Citigroup and federal fiduciary law
Behavioral Economics and Consumer Financial Protection for “Nitwits”
In a recent NY Times column largely devoted to improving soccer in various ways and how those methods might be used to improve financial regulation as well, behavioral economist and Nudge author Richard Thaler writes the following about the Consumer Financial Protection Bureau: “Above all, I’d urge the head of this agency to devise rules ... Behavioral Economics and Consumer Financial Protection for “Nitwits”
RIP, Earl Thompson
UCLA economist Earl Thompson passed away Thursday. Earl was a beloved figure in the economics department. I came to UCLA a bit late in the game to experience the years when his presence was largest, though I had the pleasure of speaking with him on a number of occasions and he attended a recent talk ... RIP, Earl Thompson
Singapore, hedge funds and jurisdictional competition
While the US, via Dodd-Frank, has increased its regulation of hedge funds by requiring registration and disclosure, one important jurisdiction is pulling back and poised to reap the benefits. Per Bloomberg, Singapore declined in April to require licensing of hedge funds and attracted several new hedge funds in May and June. “Singapore did not shoot ... Singapore, hedge funds and jurisdictional competition
Intel Settlement Watch Part II
While Intel Corporation nears its settlement deadline with the Federal Trade Commission, it received good news from a federal district court in Delaware evaluating the evidence of alleged consumer harm from the discounts Intel offers to buyers. It is also very important to note that this pass from a US court applying standards of consumer ... Intel Settlement Watch Part II
Ribstein & Lipshaw 2010 Supplement and thoughts on curriculum
The latest supplement to Ribstein & Lipshaw Unincorporated Business Entities (4th Edition, 2009) is available online at my website. There you can also find the Supplement to the Teacher’s Manual. This edition of my long-running casebook and its exhaustive teacher’s manual have been well-received. Ultimately I hope and expect this course will replace the current ... Ribstein & Lipshaw 2010 Supplement and thoughts on curriculum
