Showing results for: “digital markets act”
Easterbrook on False Positives
I recently came across a keynote speech by Frank Easterbrook (published at 52 Emory L.J. 1297 (2003)) where he discusses Type I errors in antitrust cases. Easterbrook, of course, produced the fundamental insight for antitrust enforcement that competition itself constrained the costs associated with false negatives while false positives were likely to ripple throughout the ... Easterbrook on False Positives
Bundling Alert: Foie Gras Edition
This potentially anticompetitive bundling alert comes courtesy of Lynne Kiesling at the always wonderful Knowledge Problem. Kiesling observes that the Chicago foie gras ban has resulted in restaurants bundling salad with foie gras. I take it that the bundle circumvents the ban. Apparently, this means that consumers who want their foie gras are now coerced ... Bundling Alert: Foie Gras Edition
Starbucks, Subway, and Antitrust
A few days ago, I posted a comment about Starbucks’ recent disclosure that its average per store traffic has gone down slightly even though overall profits have gone up. I suggested a number of explanations for these phenomena consistent with a story that consumer taste for the Starbucks product has not diminished. One of these ... Starbucks, Subway, and Antitrust
Franchising, Starbucks vs. Subway, and Promotional Services
Professor Bainbridge offers a correction to Keith’s Starbucks analysis by pointing out that Starbucks does not have franchisees. I don’t think the franchise/ franchisee distinction has much to do with Keith’s conclusion that whatever is going on is not an antitrust problem. But the Professor is on to a really cool question about franchising and ... Franchising, Starbucks vs. Subway, and Promotional Services
The Prediction Markets on XM/Sirius
Paul asks about the Vegas odds on XM/ Sirius merger approval. Its not quite Vegas, but Intrade is offering contracts on merger approval on or before December 2007, March 2008, and June 2008. They’re trading at 5, 50, and 70 respectively.  So Paul, any of those contracts look good to you?
The Speculation Economy (penned by GW Professor Larry Mitchell)
George Washington University Law School Professor Larry Mitchell’s new book, The Speculation Economy, is a worthwhile read, and anyone with an interest in corporate law, securities regulation, stock market evolution, the rise of big business, legal history, antitrust, and other related topics should consider putting the book on his or her holiday wish-list. More specifically, The ... The Speculation Economy (penned by GW Professor Larry Mitchell)
Scrapping the Notion of Fiduciary Duties Owed to Shareholders
U of Chicago Law Professors Douglas Baird and M. Todd Henderson (my very smart, very tall law school classmate) recently posted a provocative paper on SSRN. The paper, Other People’s Money, contends that “the oft-repeated maxim that directors of a corporation owe a fiduciary duty to the shareholders” is an “almost-right principle that has distorted ... Scrapping the Notion of Fiduciary Duties Owed to Shareholders
United/Delta
Yet another major airline merger appears to be in the works: United and Delta. This calls for some antitrust analysis. A few months ago, Thom did a thorough job analyzing the antitrust aspects of AirTran’s proposed takeover of Midwest. The key point in Thom’s analysis was that assessment of an airline merger’s economic effects properly ... United/Delta
The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …
The debate over the whether the current Supreme Court’s decisions are more accurately described as influenced by the Chicago School, the Harvard School, Post-Chicago thinking, or other influences has recently attracted a great deal of scholarship from premier antitrust scholars (e.g. FTC Commissioner William Kovacic’s article on the identifies a Chicago/Harvard double-helix structure in the ... The Roberts Courts Antitrust Philosophy: You Say Harvard, I Say Chicago …
The Truth About Reverse Mergers
For those interested in small company finance, I’ve recently posted on SSRN a draft of the short piece I’ve written for the Entrepreneurial Business Law Journal symposium issue. The piece is entitled “The Truth About Reverse Mergers” and can be downloaded here. Here’s the abstract: The Article examines the reverse merger method of going public. ... The Truth About Reverse Mergers
The Chicago School As A Virus?
Danny Sokol points to Spencer Webber Waller’s “The Chicago School Virus.” Given the paper’s title, the fact that I’ve written previously on the irresponsible or misleading usages of the term Chicago School, and the author’s predilection to take shots at the Chicago School more generally (previous attempts include describing Hovenkamp’s recent movement toward Chicago School views as imposing the “thinking man’s ... The Chicago School As A Virus?
The Canseco Effect in the Legal Academy?
Eric Gould and Todd Kaplan have posted an interesting paper (highlighted at the WSJ Economics Blog) identifying the “Canseco Effect.” They test baseball player Jose Canseco’s impact on his teammates productivity in response to Canseco’s assertion in his book that he made he improved his teammates’ performance by introducing them to steroids. Turns out he ... The Canseco Effect in the Legal Academy?
