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Delaware and the American Association of Law Schools
I had the opportunity to present Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice at the American Association of Law Schools conference session on Business Associations in January. It was an engaging experience that I found particularly fun as I am from Louisiana and used to live in New Orleans. The audience was ... Delaware and the American Association of Law Schools
Debunking the "pro-business" rationale for Section 5 enforcement
Repeating claims he made in his statement in Intel, Chairman Leibowitz in a recent interview in the Wall Street Journal has this to say about stepped-up Section 5 enforcement at the FTC: The courts have pared back plaintiffs’ rights in antitrust cases. They’re concerned about what they believe to be the toxic combination of class ... Debunking the "pro-business" rationale for Section 5 enforcement
Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Geoff recently highlighted AAG Christine Varney’s closing remarks at the Horizontal Merger Guidelines workshop and was fairly critical. Thom intervened to suggest that we at TOTM, while fairly critical of the agencies from time to time, also give credit where it is due — highlighting AAG Varney’s RPM article. OK, that’s enough credit for now. ... Correcting the Record: AAG Varney and the Chicago School's Premature "Retirement"
Meese & Richman on Ticketmaster/ Live Nation
Alan Meese (William and Mary) and Barak Richman (Duke), have an op-ed over at the Huffington Post on the Ticketmaster Live nation merger and settlement. They frame the DOJ decision to approve the merger as a victory of principle over politics and economic populism. Here is an excerpt: Many hoped that the Live Nation-Ticketmaster merger ... Meese & Richman on Ticketmaster/ Live Nation
Intepreting Empirical Evidence
So, there is some new evidence that state laws banning cell phone usage does not reduce accidents (HT: Orin Kerr). The Insurance Institute for Highway Safety study has gotten some attention in the media. See, for example, this NYT piece discussing the researchers “surprise” that they did not find the result they were looking for. ... Intepreting Empirical Evidence
Varney Gets It Right on RPM
Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference at NYU Law School. (Kudos to Danny Sokol for co-organizing what promises to be a terrific event!) My paper criticizes four proposed approaches to evaluating RPM post-Leegin, and it sets ... Varney Gets It Right on RPM
The SEC gets that old time climate religion. Hallelujah, praise Gore.
Today the SEC voted 3-2 to approve an interpretive release offering guidance to companies on disclosure obligations as they relate to climate change. Commissioners Casey and Paredes voted to reject the proposed guidance. Everyone can agree that companies may have an obligation under Regulation S-K to disclose risks arising from, among other many things, climate ... The SEC gets that old time climate religion. Hallelujah, praise Gore.
Finally, some real help for California!
Oregonians, my fellow residents of the Beaver State (and, by the way, the only state in the Union with a different image on each side of its flag), voted yesterday to increase top marginal income tax rates and corporate tax rates, including minimum corporate tax rates and the addition of a tax on gross receipts. ... Finally, some real help for California!
Varney on the Merger Guidelines
Yesterday the final Horizontal Merger Guidelines Review workshop was held and, among other antitrust luminaries, our own Josh Wright participated. We look forward to a report from the front lines. Meanwhile, Assistant Attorney General Varney’s comments are available on the interwebs. Overall her remarks seem uncontroversial, especially following on the heels of the agency’s (surprising?) ... Varney on the Merger Guidelines
Russian Retail Trade Law and Government Barriers to Entry
A new Russian retail trade law is scheduled to (at least partially) go into effect on February 1st. The new retail trade law, with the support of the national antitrust authority and Prime Minister Putin amongst others, has three essential features: (1) limiting the operation of chains to no more than 25 percent of total ... Russian Retail Trade Law and Government Barriers to Entry
Ticketmaster-Live Nation Settles
Here are the details on the conditions imposed: Under the conditions set forth by the Justice Department, the merged company would need to sell off a unit that sells tickets to college sporting events, and would need to license its ticketing software to rival concert promoter AEG Live, so that company can launch a competing ... Ticketmaster-Live Nation Settles
"In the long run, my friend, it's your theory that's dead"
Russ Roberts’ brilliant and eagerly-awaited Keynes vs. Hayek rap video is here. It’s the best economics pop music since Merle Hazzard. Here are the lyrics: We’ve been going back and forth for a century [Keynes] I want to steer markets, [Hayek] I want them set free There’s a boom and bust cycle and good reason ... "In the long run, my friend, it's your theory that's dead"
