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The nature of the L3C
LLCs have always been all about experimentation. This keeps things interesting for those like me who study them. It also provides evidence of the laboratory of state law at work, particularly in business associations, and more particularly uncorporations. But not all experiments are successful. Sometimes it’s television, sometimes it’s electric underwear. Witness the L3C, or ... The nature of the L3C
The rise of the LLC
Last March I discussed a new article by Rodney Chrisman which shows “that LLCs are by far and away the predominant choice of business structure for newly-formed entities.” I noted then the article’s findings that LLCs are increasingly choosing to be taxed as S Corporations, indicating, as I said, that “the increase in LLCs therefore ... The rise of the LLC
Capitalism on film
Although I wasn’t doing any blogging the last couple of weeks, one of my theories was out there frolicking on its own. Now that I’m back, it’s time to do a little cleaning up. I was chagrined by the attention I received from Marc Abrahams, identified as “editor of the bimonthly Annals of Improbable Research ... Capitalism on film
Why Congress Should Reject the FTC’s Request for a Trinko Exemption
One of the most significant issues in current US antitrust policy has been the Federal Trade Commission’s attempt to avoid some of the rigorous requirements imposed by Section 2 of the Sherman Act in monopolization cases by expanding FTC authority under Section 5 of the Federal Trade Commission Act (FTCA). This issue is nothing new. ... Why Congress Should Reject the FTC’s Request for a Trinko Exemption
Some Links
TOTM guest blogger Steve Salop makes the case for Vertical Merger Guidelines National Supermarkets Association files class action interchange-based antitrust suit against American Express (apparently alleging the relevant market is “American Express payment card services”!) Dell puts aside $100 million reserve fund in case it has to settle the SEC allegations we blogged about here ... Some Links
An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel
As readers of TOTM know, I’ve been critical of both the Federal Trade Commission’s Complaint against Intel from a consumer welfare perspective as well as the wobbly intellectual underpinnings of the Commission’s attempt to expand its FTC Act Section 5 authority to evade (see also here) the more stringent monopolization standards under Section 2 of ... An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel
Intel, Dell, and Some Costs of Disclosing Rebates
Intel’s rebates are apparently given rise to a potentially whole new class of suits based on the notion recipients of the rebates at the center of the Commission’s antitrust action should have been disclosed. The WSJ reports: Dell said last week that it and Mr. Dell were in talks with the Securities and Exchange ... Intel, Dell, and Some Costs of Disclosing Rebates
Antitrust Law and Economics
Antitrust Law and Economics, a volume edited by Keith Hylton, is now available from Edward Elgar Publishing. Here is the description: This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via ... Antitrust Law and Economics
We’re Back!
Our apologies again for the interrupted service. In light of some spam attacks and other problems, we’ve been in a slow and painful process of switching to a more stable and secure platform on WordPress. While we were at it, we’ve updated our look a little bit as well, with more possibly to come in ... We’re Back!
Congratulations to ICLE Research Fellow Judd Stone
Congratulations to International Center for Law and Economics Research Fellow — also my former George Mason law student, long-time research assistant, and now co-author — and Northwestern University School of Law graduate, Judd Stone. Judd somehow managed to finish his 3L year at Northwestern Law with with a “perfect” semester involving 5 A+’s in 5 ... Congratulations to ICLE Research Fellow Judd Stone
Two Submissions to the Horizontal Merger Guidelines Review Project
This week, I submitted two comments to the Horizontal Merger Guidelines Revision Project. The first, submitted with a group of economists focusing on the use of price/cost margins in merger analysis. The submission lays out the basic relationship between margins and elasticities that flows from the profit-maximization assumption, and then discusses several of the factors ... Two Submissions to the Horizontal Merger Guidelines Review Project
Externalities and Future Selves
Paternalism is a turn-off. We humans seem to have an innate desire for autonomy, a desire that generally leads us to resist efforts by elites to force us to make “wise” decisions. It’s rhetorically useful, then, for opponents of a proposed regulation to demonstrate that the rule at issue aims merely to save folks from ... Externalities and Future Selves
