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Showing results for:  “digital markets act”

Backdating stock options is a crime? Go figure.

Yesterday, Former Brocade CEO Steve Reyes was convicted of all criminal charges brought against him in the Brocade backdating scandal.  (The ten charges included fraud, conspiracy, lying to the SEC, falsifying books, etc.)  I am thrilled.  Professor Larry Ribstein is not. To remind you, backdating stock options basically means lying and maintaining that stock options ... Backdating stock options is a crime? Go figure.

Zywicki on the Two-Income Trap Hypothesis

My colleague Todd Zywicki offers an empirical rebuttal to the Warren-Tyagi “Two Income Trap” hypothesis which asserts that families with two incomes end up more leveraged than families with single incomes and more susceptible to negative economic shocks than otherwise for a number of reasons, including, e.g. counterproductive bidding for housing, child care expenses, etc. ... Zywicki on the Two-Income Trap Hypothesis

Shelf Space Payments and Retail Bargaining Power

At his new blog Management R&D, Luke Froeb writes about the strategy of downstream firms reducing capacity in order to increase competition among suppliers: To gain bargaining power, some firms reduce capacity to increase competition among their suppliers. For example, health insurers restrict the number of drugs on their formularies or the number of hospitals ... Shelf Space Payments and Retail Bargaining Power

Read Marc Hodak

His short post is here.  The theme is, in essence, Bastiat’s “What is Seen and What is Not Seen.”  Government (and, oh, I don’t know . . . antitrust regulators in particular) thrive on the unseen–as Marc puts it, on the unfortunate reality that “invisible opportunity costs stay[] that way.”  As I argued at some ... Read Marc Hodak

Antitrust News at GW Law

GW Law received a $5.1 million award to fund a Center for Competition Law resulting from the settlement of a class-action antitrust suit brought by Michael Hausfield (of Cohen, Milstein, Hausfeld & Toll, P.L.L.C., and a GW alum).  According to the press release, Hausfeld argued that the Center would focus on the “special challenges to traditional antitrust ... Antitrust News at GW Law

The EC versus Intel: The SO is issued

To no one’s great surprise (other than that it took so long), the European Commission issued a Statement of Objections against Intel today.  More information as it becomes available. For those looking for a little insight into the case, you might be intrested in The FTC’s 1998 Complaint against Intel and the resulting Consent Decree (the entire case ... The EC versus Intel: The SO is issued

Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly

Over the past few weeks I’ve read at least two dozen papers, mostly by legal scholars (but some by economists) employing or critiquing economic analysis of law, that use the term “Chicago School,” in a critical and misleading way.  Conventionally, use of this nomenclature comes along with a claim that “Chicago School” economics is code for a ... Chicago, Post-Chicago, Post-Post-Chicago: On Using Shorthand Labels Responsibly

More Thoughts on Free Market Orthodoxy in Antitrust

In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of law and economics. In response to the post, an anonymous TOTM reader emails the following related, and probably more interesting, questions: “is there a free market orthodoxy amongst (1) legal ... More Thoughts on Free Market Orthodoxy in Antitrust

How Rough Do Dissenters From "Free Market Economics" Have It Anyway?

There are some good posts from several fine economists in the blogosphere responding to this NY Times article suggesting that the majority of economists are “free market” ideologues and those who dissent from laissez-faire dogma are sanctioned by their peers. All are excellent posts worth reading in their entirety and take on various problems with ... How Rough Do Dissenters From "Free Market Economics" Have It Anyway?

Newsflash! AAI supports merger review!

In shocking news, the American Antitrust Institute has come out with a white paper suggesting that the FTC’s challenge of the Whole Foods/Wild Oats merger is warranted (HT: Hanno): The FTC cites to numerous factors and questions that make a highly compelling case for looking closely at whether a Whole Foods/Wild Oats combination will tend substantially to ... Newsflash! AAI supports merger review!

Professor Trey Drury & Personal Liability for Directors

The Glom’s Junior Scholars Workshop, on Location, at TOTM.com: For the Conglomerate’s Annual Junior Scholars Workshop, I agreed to comment on a paper by Loyola University Professor Trey Drury that revisits director liability-limiting opt-in statutes such as DGCL Section 102(b)(7).  The title of the paper is “What’s the Cost of a Free Pass?  A Call ... Professor Trey Drury & Personal Liability for Directors

Evaluating Leegin

Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly weak dissent from Justice Breyer. As we’ve noted over and over here at TOTM, the death of Dr. Miles is clearly the right outcome judged based upon the underlying antitrust ... Evaluating Leegin